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2003 Supreme(Ker) 39

N.KRISHNAN NAIR
Valsarajan – Appellant
Versus
Saraswathy – Respondent


Judgment :-

1. This revision is directed against the Order dated 5th August, 1999 of the Judge, Family Court, Kozhikode in C.C. 373/1998. The respondent herein filed a petition for maintenance against the petitioner under S.125 of the Cr. P.C. before the Family Court, Kozhikode. Though the petition was stoutly opposed by the petitioner, the lower court by the impugned order allowed the petition directing the petitioner to pay maintenance to the respondent at the rate of Rs. 350 per month. The said order is seriously challenged in this revision.

2. The petitioner married the respondent on 22nd April, 1987 and a child was born in the wedlock. Their marriage was dissolved by a decree passed by the lower court on 18th October, 1997 in O.P. 219/1993. An earlier application for maintenance filed by the respondent was dismissed on the ground that she was living in adultery. After the dissolution of the marriage, the respondent filed the application for maintenance alleging that the petitioner is bound to maintain her as she is unable to maintain herself. The petitioner resisted the application contending that since an earlier application filed by the respondent was dismissed, the second ap




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