SAJITHA M.K. Vs. RAJESH K.T.

JUDGEMENT

(1.) The revision petitioner herein is the 1 st petitioner in M.C.No.338/2004 of the Family Court, Ernakulam, and the respondent herein is her husband. She brought the said claim under Section 125 Cr.P.C. for maintenance for herself and her child aged 3 1/2 years alleging cruelty and desertion. She was married by him on 9.4.2000, and she has been residing separately since 7.10.2004. Her complaint is that she had been mentally and physically ill-treated by her husband, and finding that life at the matrimonial home was really miserable, she started residing separately since 7.10.2004. The petitioner also alleges that since separation, her husband has not cared to enquire about her or the child, and he has not given anything for their maintenance.

(2.) The respondent (husband) entered appearance in the trial court, and resisted the wife's claim on the ground that she has no reason to live separately and claim maintenance from him, and he stoutly denied the allegations of cruelty. His case is that his wife had been persistently compelling him to reside at her house, and when he declined the request, she just left the matrimonial home without any excuse, and she declined to come back despite the efforts made by him.

(3.) Though efforts were made for settlement prior to the filing of objection by the respondent and also thereafter, the parties could not come to an amicable settlement. In such a circumstance, the trial court recorded the evidence on both sides. The 1 st petitioner and two witnesses were examined on her side, and the respondent (husband) examined himself as RW1 in the trial court. On an appreciation of the evidence, the trial court found that the 1st petitioner (wife) is not entitled for maintenance from her husband, and accordingly, her claim was disallowed. But the respondent (husband) was directed to pay maintenance to the child at the rate of Rs.750/- per month as per the order dated 23.1.2007 in M.C.338/2004. Aggrieved by the order disallowing maintenance to her, the wife has come up in revision under Section 19(4) of the Family Courts Act.