PADATHUKALANGARA MARAKKAR Vs. MANATHU PARAMBIL SABIRA

JUDGEMENT

(1.) The revision petitioner herein is aggrieved by the maintenance order passed by the Family Court, Malappuram, in M.C. No. 857 of 2010 under Section 125 Cr.P.C. The first respondent herein is his wife, and the other is the second son born in the wedlock. The first son born in the wedlock has already become major. The wife brought claim under Section 125 Cr.P.C. on the allegation of cruelty and desertion, and also on the ground that her husband has contracted another marriage. Though the first child was aged 19 years on the date of claim, maintenance was sought for him also. The age of the two children shown in the maintenance claim is 19 years and 14 years respectively.

(2.) The husband entered appearance in the trial court, and resisted the claim for maintenance on the contention that he happened to marry another lady only because his wife deserted him, and left the matrimonial home with the children. When he realised that his wife would not come back, he married another lady. She has her own income from a tailoring shop run by her, and she had also been abroad for some time for employment while residing separately from him. She went abroad without his knowledge and consent, just to defeat him.

(3.) When efforts for conciliation as part of the process failed, the learned trial Judge recorded evidence on both sides. The maintenance claim was tried along with O.P. 843 of 2010 brought by the wife for divorce under the Dissolution of Muslim Marriages Act, and O.P. 1002 of 2010 brought by her for past maintenance, and also for the money and ornaments appropriated by her husband. Common evidence was recorded in the three proceedings. The wife and her father were examined on her side. The respondent and another witness were examined on his side, and Exts. B1 to B5 documents were proved on his side. Ext.X1 was also proved during trial. On an appreciation of the evidence, the trial court found that the wife is entitled to get maintenance from her husband because she has reason to live separately. Though maintenance claim was made for the first son also, it was disallowed by the trial court. On 31.01.2013, the trial court passed orders directing the husband to pay maintenance to the wife at the rate of Rs. 3,000/- per month, and to the second child at the rate of Rs.2,000/- per month. Aggrieved by the said order, the husband has come up in revision under Section 19(4) of the Family Courts Act.