JUDGMENT :

The petitioner is aggrieved of the judgment dated 03.09.2016 passed in Original Maintenance Petition No.19 of 2013 by which he has been directed to pay Rs.2,000/- per month to his wife and Rs.1,000/- to his minor son.

2. The petitioner and his wife both are handicapped persons. They are getting Rs.600/- monthly allowance under a government scheme. The wife of the petitioner has alleged that her husband is running a grocery shop and he has substantial income from the landed properties. In the proceeding of maintenance case the wife of the petitioner has examined four witnesses and the petitioner has also examined five witnesses, in support of their case. The learned Family Court Judge has held that the petitioner has sufficient income while his wife has no income to sustain herself and therefore the petitioner is liable to maintain his wife.

3. Under section 125 of the Code of Criminal Procedure, a wife, minor child and parents who are unable to maintain themselves are entitled for maintenance. The object behind section 125 of the Code of Criminal Procedure is to ensure that they do not suffer in destitution. The necessary conditions under section 125 of the Code of Criminal