NARANATH THAZHAKUNIYIL SANDHA Vs. KOTTAYAT THAZHAKUNIYIL NARAYANAN

JUDGEMENT

(1.) The 1st petitioner in M.C. No. 106/93 on the file of the Family Court, Kozhikode is the revision petitioner.

(2.) The revision petitioner along with her three children filed the M.C. before the Family Court claiming maintenance from the respondent under S.125 of the Cr.P.C. The Family Court after trial by order dated 16.2.1995 directed the respondent to pay maintenance to petitioners 2 to 4, children of the 1st petitioner and the respondent at the rate of Rs. 200/- to petitioners 2 and 3 and at the rate of Rs. 150/- to the 4th petitioner per month from the date of the award and disallowed the claim for maintenance made by the 1st petitioner by accepting the contention of the respondent that the 1st respondent is not entitled to maintenance as she is living in adultery. This revision petition is filed by the 1st petitioner challenging the finding that she is not entitled to maintenance from the respondent.

(3.) The facts that the marriage between the revision petitioner and the respondent was in the year 1981, petitioners 2 to 4 in the M.C. were born in that wedlock and they were living happily till the date of 1992 are admitted. The petitioner has contended that subsequently the respondent began to ill treat her and at last left her house asking her to get Rs. 25,000/- from her father and thereafter the respondent neglected to maintain the revision petitioner and the children.