VIDYA MUNDEKKAT Vs. AKHILESH JAYARAM

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 19(4) of the Family Court Act read with Sec. 397 and 401 of the Code of Criminal Procedure. Revision petitioner is the 1st petitioner in M.C.No.52/2016 on the files of the Family Court, Kozhikode and the respondent herein is the sole respondent in the above M.C. The revision petitioner and her minor daughter, aged 13 years, had approached the Family Court and claimed maintenance @ Rs.20,000.00 and Rs.10,000.00 each. According to the revision petitioner, the revision petitioner had no job or income to maintain herself and the minor child, and the respondent had been working as Senior Consultant, Infosis, Onsight at Manchester, U.K and had been earning Rs.1,50,000.00 per month. As such he was capable of maintaining them.

(2.) The respondent filed counter and resisted the claim. Filing of M.C.No.31/2016 before the Judicial First Class Magistrate Court-I, Kozhikode under the Protection of Women from Domestic Violence Act and grant of interim maintenance @ Rs.7,000.00 and Rs.3,000.00 under Sec. 23(2) of the Act was highlighted. The further contention raised was that the revision petitioner had been working as Sales Consultant at M/s.Vision Honda, Calicut and had been getting Rs.20,000.00 per month. It was stated further that the respondent was working at Infosis, Chennai and his approximate take home salary would come to Rs.85,000.00. He had loan payment to the tune of Rs.26,133.00 and also other expenses.

(3.) The Family Court recorded the evidence in this M.C along with O.P.No.574/2017. PW1 examined and Exts.A1 to A3 were marked on the side of the respondent in M.C, ie. petitioner in O.P.No.574/2017. RW1 examined and Exts.B1 and B2 were marked on the side of the respondent in the O.P and the petitioner in M.C. The Family Court, in fact, passed common judgment/order in O.P.No.574/2017 along with M.C. As per the order in M.C, while denying maintenance to the revision petitioner, the Family Court ordered maintenance @ Rs.10,000.00 per month to the 2nd petitioner, minor daughter, w.e.f 18/2/2016 (date of petition).