Benny Varghese vs Biji on 27 September, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP(Family Court) No. 196 of 2006()


1. BENNY VARGHESE, S/O. VARGHESE,
                      ...  Petitioner

                        Vs



1. BIJI, W/O. BENNY,
                       ...       Respondent

                For Petitioner  :SRI.K.RAVEENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :27/09/2006

 O R D E R
                                   R. BASANT, J.
                          - - - - - - - - - - - - - - - - - - - - - -
                           R.P.(F.C.).No.  196 of   2006
                        - - - - - - - -  - - - - - - - - - - - - - - -
                Dated this the  27th day of   September, 2006


                                       O R D E R

This revision petition is directed against a direction issued to

the petitioner under Section 125 Cr.P.C. to pay maintenance at the

paltry rate of Rs.250/- p.m. to the claimant, admittedly his wife.

2. That the marriage had taken place in accordance with the

customary rites is not disputed. The short contention raised is that

the claimant is mentally ill and that entitles the petitioner for a

declaration of nullity of marriage. Proceedings have been initiated.

Admittedly there is no interim or final order in that matter yet.

3. The marriage and separate residence having been admitted

and there being no offer to maintain the claimant wife on condition

that she lives with him, the learned Judge of the Family Court was,

according to me, perfectly correct in directing payment of

maintenance to the claimant. The amount ordered, as mentioned

earlier, is Rs.250/- p.m., There is absolutely no reason to interfere

R.P.(F.C.).No. 196 of 2006 2

with the impugned order.

4. This revision petition is hence dismissed. However, I make it

clear that I have not expressed any opinion on the acceptability of the

quantum fixed by the Family Court. I mean to say that the revision by the

claimant, if filed, shall be considered in accordance with law. It should not

be reckoned that I have expressed any opinion on that aspect against the

claimant. It is further observed that the dismissal of this revision petition

will not in any way fetter the rights of the petitioner to seek cancellation of

the order if and when he ultimately succeeds in the proceedings to get the

marriage declared as void.

(R. BASANT)
Judge

tm