SREEDHARAN Vs. BAMA

JUDGEMENT

(1.) This Criminal Revision Case is directed against the order passed by the Family Court, Kanyakumari Division at Nagercoil in the petition filed under Section 125 Cr.P.C. seeking maintenance by the wife, who is the respondent herein.

(2.) Alleging harassment and ill-treatment coupled with desertion, the respondent/wife has filed petition for monthly maintenance of Rs. 10,000/- per month from the revision petitioner/husband. The revision petitioner/husband denying the receipt of 30 sovereigns gold ornaments, cash of Rs. 1 lakh and household articles worth Rs. 50,000/-, had contended that the respondent/wife though got married, did not attain puberty and was unfit to deliver child. Therefore, she was taken to doctor. Even after spending huge amount on her health, she did not co-operate for the treatment and left the matrimonial home on her own taking away Rs. 40,000/-, two gold rings weighing 1+ sovereigns. The revision petitioner/husband further contended that his carry home salary is Rs. 13,295/-, in which he has to pay Rs. 3,227/- to the Indian Overseas Bank, Asaripallam for the loan and pleaded liability to pay maintenance as well as capacity to pay the maintenance of Rs. 10,000/- as claimed in the petition.

(3.) The Trial Court after considering the four documents filed on behalf of the respondent/petitioner and eleven documents filed on behalf of the revision petitioner/respondent had allowed the petition fixing Rs. 6,000/- per month as maintenance to the respondent/wife.