SHAHANA Vs. SHABANA THANVEER

JUDGEMENT

(1.) The revision petitioner has filed MC.No.173/2015 before the Family Court, Vatakara seeking maintenance @ Rs. 15000/- (Rupees fifteen thousand only) per month. According to her, her husband was employed in Oman at the time of marriage and even thereafter. At the time of marriage, she was given 125 sovereigns of gold ornaments and a Swift car. They were misused by the respondent herein and his mother. Subsequently, she was abandoned at her house by the respondent herein and failed to maintain her. Hence, she filed the above application seeking maintenance.

(2.) Respondent appeared and filed objections denying the allegation that he was having good salary. Even though he stated that he had gone abroad and was earning, he claimed that he lost his job and returned to India and was working as an auto rickshaw driver earning Rs. 150/- (Rupees one hundred and fifty only) per day. He has re-married and has to maintain his family members. Accordingly he contended that he was unable to pay maintain the wife.

(3.) On the basis of the evidence both sides let in their own oral evidence. On an evaluation of the evidence of PWs 1 and RW1, the court below concluded that the respondent herein was getting a monthly income of Rs. 15,000/- (Rupees fifteen thousand only) per month. After setting apart all other requirements, the petitioner was entitled for a sum of Rs. 3000/- (Rupees three thousand only) per month.