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2015 Supreme(Mad) 2937

S.VIMALA
M. Mohamed Ibrahim – Appellant
Versus
M. Inul Marliya – Respondent


Advocates Appeared:
For Petitioner: No Representation
For Respondents: Mr.V.Paneer Selvam
For M/s. C.S.Associates

ORDER

Rs.1,500/- to each of you, i.e. to the wife and to each of the two children. This is the order under challenge by the respondent in M.C.No.9 of 2012 / revision petitioner herein.

2. The respondents herein aged 31, 12 and 12 respectively filed the a petition for maintenance claiming a sum of Rs.3,000/- each.

3. It was the case of the wife that on account of the demand for dowry, she was not permitted to live with her husband and despite, the premature birth of respondents 2 and 3, the revision petitioner did not take care to take them back. It was alleged that the revision petitioner is the owner of an Auto and also a dealer in foreign goods earning a sum of Rs. 20,000/-and despite having sufficient means, the revision petitioner refused and neglected to maintain the respondents herein.

4. The claim of the wife and children are opposed by the revision petitioner on the ground that the wife is not eligible to claim maintenance as she is living separately on her own accord and that he is only earning a sum of Rs.150/-per day as an Auto driver / Coolie and therefore, he is not in a position to maintain the children.

5. It is claimed that the wife is also ineligible to claim mainten




















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