- (1.)The revision on hand is filed by the petitioner whose claim for maintenance was declined by judgment passed by the Family Court, Ernakulam on 11.06.2019 in M.C. No.27/2014. M.C. No.27/2014 was tried alongwith O.P. Nos.190/2014 and 204/2014 respectively seeking for a decree of divorce and return of gold ornaments and therefore the judgment was passed commonly. Decree for divorce was granted on the ground of cruelty and claim for return of gold ornaments was dismissed. The parties for convenience will be referred to hereinafter as the petitioner and the respondent.
(2.)It was averred by the petitioner that she was constrained to leave the company of the respondent and lateron to seek divorce due to the ill-treatment suffered by her at the hands of the respondent and his family members. According to her, she is now living under the mercy of her father and is also preparing for IELTS at Ernakulam by staying in a hostel. Therefore, a total sum of Rs.10,000/- is required to meet her expenses which takes in the hostel expenses, fees for the course, traveling expenses and costs of clothing. According to her huge sum stands in fixed deposit in respondent's name in HDFC Bank and Muthoot Bankers and he is getting Rs.50,000/- by way of interest. According to her, she is devoid of any earnings to meet the ends of her life and therefore, her husband who has deserted her and financially well is obliged to maintain her in the same status in which he is. Thus, the M.C. was filed seeking maintenance.
(3.)In the counter statement filed, apart from denial of the averments, contentions were also taken that the petitioner is a Nurse as well as a model by profession and that the respondent neither has any income nor any fixed deposits in his name. Thus, it was prayed to absolve him from his liability to maintain the petitioner. Evidence was adduced in common in the M.C and other original petitions tried alongwith.