RAJAN PALACKAL PARAMBIL Vs. SONY VARGHESE

JUDGEMENT

(1.) THE petitioner has filed this RP (FC) to challenge an order directing payment of maintenance under Sec. 125 Cr. P. C. to the claimants - admittedly his children, at the rate of Rs. 1,500/-and Rs. 1,000/- per mensem respectively.

(2.) THE claim for maintenance was staked by the wife and the two minor children aged 8 years and 6 years respectively. Marriage and paternity were admitted. Separate residence is also admitted. There was a contention that the wife is residing separately without sufficient cause. It appears that there was an agreement to dissolve the marriage. But the terms were not finally agreed upon and the said agreement did not work out. The parties went to trial in these circumstances. P. Ws. 1 and 2 were examined on the side of the claimants and R. Ws. 1 and 2 were examined on the side of the petitioner. Exts. A1 to A5 and b1 to B7 (a) were marked.

(3.) THE claim for maintenance of the wife was turned down by the learned Judge of the Family Court. That rejection has become final and there is no challenge before me against that finding that the wife is not entitled for separate maintenance.