PERANCHI ABOOBACKER Vs. ALIKKAL MYMOONA

JUDGEMENT

(1.) IN this revision petition, the petitioner assails an order passed by the Family Court under Section 125 Cr. P. C obliging him to pay maintenance @ Rs. 500/- per mensem to his wife-the 1st claimant and Rs. 400/- per mensem each to his 5 minor children, aged between 8 years and 4 months.

(2.) MARRIAGE, paternity and separate residence are all admitted. That the petitioner is employed abroad is also admitted. The wife contended that she is residing separately because of contumacious acts of cruelty on the part of the petitioner. The petitioner employed abroad in turn took up a contention that the wife is residing separately without any sufficient cause. While the 1st claimant/wife examined herself as pw1, the respondent did not examine himself; instead his brother was examined as RW1.

(3.) THE learned Judge of the Family court on an anxious consideration of all the relevant circumstances chose to accept and act upon the evidence on oath tendered by the 1st claimant/wife that she is residing separately on account of the contumacious acts of cruelty directed against her from the petitioner. Accordingly the learned Magistrate proceeded to pass the impugned order.