RAMEES Vs. ANSEERA

JUDGEMENT

(1.) A maintenance order passed by the Family Court, Vadakara on 28.3.2012 in M.C 129/2011 under Section 125(1) of Cr.P.C is under challenge in this revision petition brought under Section 19(4) of the Family Courts Act. The respondents herein are the claimants and the revision petitioner herein is the respondent in the trial court. The 1st claimant is the legally wedded wife of the revision petitioner and the 2nd petitioner is his minor daughter. The revision petitioner married the 1st respondent in June, 2008, but the matrimony did not last long. They lived happily and peacefully for a few months. At the very initial stage of the matrimony itself, the lady became pregnant, but the pregnancy was aborted. She alleges that it was due to the cruelty of her husband. They lived separately for some time and later they re-united. Again, she became pregnant,but that was also aborted. This time also, the parties fell apart and lived separately for some time. After the second re-union, the 2nd petitioner was born. The case of the 1st claimant is that she had been mentally and physically ill-treated by her husband by demanding more dowry and ornaments and she had no peace or happiness in life. Her life at the matrimonial home was really miserable, she was compelled by the in-laws to do domestic works even at the initial stage of pregnancy, and she had to suffer much at the hands of her husband and the in-laws. Finding life at the matrimonial home unbearable and miserable, she left the matrimonial home.

(2.) The husband entered appearance before the Family Court and filed counter statement contending that his wife has no reason to live separately from him and claim maintenance. He denied the allegations of cruelty and contended that his wife left the matrimonial home without any excuse or reason, that she used to pick up quarrels at the matrimonial home unnecessarily, and that he does not have that much income as the wife would claim.

(3.) The trial court conducted an enquiry in the proceedings and recorded evidence on both sides. The 1st claimant was examined as PW1 and the husband was examined as RW1. Exts.A1 to A3 series were also proved on the side of the claimants. 3.