N P ABU Vs. VELLAN THOTTIL ASMA

JUDGEMENT

(1.) This revision has been filed against the order in M. C. No. 39 of 1994 of the Family Court, Kozhikode. Petitioner herein was the respondent in the M. C. filed before the Family Court.

(2.) The petitioner's case is that the wife and two children filed the above case for maintenance against him. The first petitioner-wife claimed maintenance at the rate of Rs. 400/- per mensem on the allegation that she is entitled to live separately from him on the ground of his cruelty towards her. For the children, she claimed Rs. 200/- each. The husband-respondent contended that the wife has no justifiable reason to live separately and hence she is not entitled to maintenance. He has made many attempts to take her back but failed. According to him, the wife is doing work in a prawn factory and is earning substantial income. He is a fish-monger. His work is only seasonal and hence he is not able to provide maintenance.

(3.) The family Court fixed the maintenance due to the petitioners at the rate claimed by them. Aggrieved by the said order, this revision has been filed by the husband.