ABDURAHIMAN Vs. SUBAIDA

JUDGEMENT

(1.) This appeal is filed by the respondent husband in O.P.No.458 of 2006 challenging the judgment dated 11.7.2007 filed for past maintenance claiming maintenance for 28 months at the rate of Rs. 3,000/- per month. The allegation is that on account of the physical and mental torture, she was forced to go to her parental home in February, 2004. Thereafter, she was not being maintained by the petitioner and no amount was sent to her as maintenance.

(2.) The appellant/respondent appeared in the case through a power-of-attorney. He denied the allegation of any cruelty. He also submitted that the respondent/petitioner left the matrimonial home without any reasonable cause and therefore she was not entitled for any maintenance. Further, she admitted the fact that a complaint under Section 498A of the Indian Penal Code had been filed against the appellant and his family members. Before the Family Court, the respondent wife was examined as PW1 and the power-of-attorney holder was examined as RW1. The Family Court observed that her version that she was not being maintained and she had to leave the matrimonial home on account of the factors stated by her were believable and accordingly directed past maintenance to be paid at the rate of Rs. 2,500/- per month for 28 months and accordingly a decree had been passed.

(3.) Learned counsel for the appellant while impugning the judgment also submits that sufficient reason has not been shown by the wife to go away from the matrimonial home. According to him, the averment in the petition does not disclose any cause of action to claim maintenance.