PREMA Vs. PRASAD, S/O. NARAYANAN

JUDGEMENT

(1.) The revision petitioner is the respondent in M.C. No. 12 of 2016 on the file of the Family Court, Kalpetta. The above claim petition was filed by the respondents herein under section 125 of Cr.P.C , 1973claiming separate maintenance for them. The allegation of the respondent is that the revision petitioner is not giving any maintenance to the respondents. As per order dated 24.10.2016 in M.C. No. 12 of 2016, the revision petitioner was directed to pay maintenance of Rs. 10,000/- to the first respondent and Rs. 5000/- per month to the second respondent from the date of petition.

(2.) The marriage between the revision petitioner and the first respondent was solemnised on 14.11.2000 at the Valliyoorkavu Sree Bhagavathy temple. On 15.04.2002, the second respondent was born to them in that wedlock. Since the revision petitioner got involved in several visa cheating case, the persons from whom he obtained money started visiting their house and therefore, he took the revision petitioner to various places. Thereafter, the revision petitioner took the first respondent to the parental house of the first respondent and he left them there. After a quite long time, the respondents were unaware of the whereabouts of the revision petitioner. In December, 2015, the first respondent got information that the revision petitioner is in jail. Thereafter, he has been released from jail. Even after his release from jail, he is not providing any maintenance to the revision petitioners.

(3.) The learned counsel for the revision petitioner contended that prior to the marriage of the first respondent with the revision petitioner, the first respondent has married twice and therefore, there is no valid marriage between the revision petitioner and the first respondent. It is also contended that the second respondent is the not the child born in their wedlock and therefore, he is not liable to pay maintenance to the second respondent. It is further contended that the first respondent is working as an Assistant in a Document Writer's office and she is also doing tailoring works.