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2015 Supreme(Ker) 1112

K.HARILAL
Surendran K. – Appellant
Versus
Aswin K. S. – Respondent


Advocates Appeared:
For the Appellant : Shameena Salahudheen.
For the Respondents: Jacob Abraham and Kochumol Koduvath.

ORDER :

K. Harilal, J.

1. The revision petitioner is the respondent in MC No. 160/10 on the files of the Family Court, Kozhikode. The above petition was filed under Section 125 of the Code of Criminal Procedure by the respondents herein, who are the children of the petitioner, claiming maintenance allowance @ Rs. 3,500/- each as monthly maintenance allowance. According to the respondents, the petitioner has neglected them and refused to pay maintenance allowance to them from April, 2008 onwards. The petitioner is employed as Ticket Examiner and the mother is employed in Railway service. According to the respondents, they were living along with their parents in the Railway Quarters upto 2008 and thereafter the father was transferred to Palakkad Division. Thereafter the relationship between the father and the mother got strained and the father is living separately at Palakkad. Now the respondents are totally depending upon their mother for their needs. But she is unable to maintain herself and the respondents with the income derived from her salary; whereas the petitioner has a monthly salary of Rs. 19,751/- and his salary is more than that of their mother. Both respondents require Rs.





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