M C MUHAMMED Vs. SAIFUNNISA

JUDGEMENT

(1.) IN this RP (FC) the petitioner assails an order passed under Sec. 125 Cr. P. C. by the Family Court obliging him to pay maintenance at the rate of Rs. 2,000/- per mensem to his wife and Rs. 1,500/- per mensem each to his three minor children.

(2.) MARRIAGE, paternity and separate residence are admitted. The husband took up a stand that the wife was residing separately without sufficient cause and this had obliged him to pronounce divorce. He contended that he has no liability to pay maintenance to his divorced wife.

(3.) PARTIES went to trial on these contentions. The 1st claimant/wife examined herself as P. W. 1. The petitioner did not examine himself as a witness. He examined R. W. 1 and proved Exts. B1 and B2. R. W. 1 is a functionary at the Mosque r. P. (FC) No. 80 of 2005 -: 2 :-and Ext. B1 is the letter of divorce allegedly sent by the petitioner to R. W. 1 and Ext. B2 is the acknowledgment for the same by r. W. 1.