(1.) The revision petitioners herein are the petitioners in M.C.No.107/2012 of the Family Court, Kannur, and the respondent herein is the respondent therein. The revision petitioners are respectively the wife and the minor daughter of the respondent, and they brought the said claim for maintenance under Section 125 Cr.P.C. on the allegation of neglect and desertion. The 1st petitioner was married by the respondent on 25.10.2009, and her case is that she has been living separately since 10.5.2011. Alleging that the husband has not turned up since then, or paid any amount of maintenance to her and the child, she brought the claim under Section 125 Cr.P.C.
(2.) The respondent entered appearance and resisted the claim of the wife on the ground that she left the matrimonial home without any reason and, that she has been residing separately without any excuse. The further case of the husband is that this is his second marriage, and the wife left the matrimonial home, when his son born in the first wedlock came to the house and started residing there. She picked up quarrel on this ground, and left the matrimonial home, and despite efforts made by him, she has not come back.
(3.) The trial court conducted enquiry in the proceeding, and recorded evidence on both sides, when attempts for conciliation failed. The 1st petitioner examined herself as PW1 and the respondent examined himself as RW1. On an appreciation of the evidence, the trial court found that the wife is not entitled for separate maintenance for the reason that she has no excuse to live separately from her husband, and accordingly, by order dated 15.5.2013, the learned Family Court Judge disallowed the claim of the wife, but directed the respondent to pay maintenance to the child at the rate of Rs.1,500/- per month. Aggrieved by that part of the order disallowing her maintenance claim, the wife has come up in revision under Section 19(4) of the Family Courts Act.