A divorced woman not remarried is entitled to maintenance under Section 125, but the amount must reflect her financial independence.

ORDER :

Sathi Kumar Sukumara Kurup, J.

This Criminal Revision case is filed to set aside the order dated 17.11.2017 passed in F.C.M.C. No. 21 of 2015 on the file of the Family Court, Vellore.

2. The first Respondent in this Criminal Revision, along with the second Respondent/daughter, has filed F.C.M.C. No. 21 of 2015 under Section 125 of the Code of Criminal Procedure praying to direct the Revision petitioner-husband to pay a sum of Rs.9,000/- per month to her and Rs.6,000/- to the minor daughter per month towards their maintenance.

2. According to the first Respondent-wife, her marriage with the Revision Petitioner-Husband was performed on 21.02.2005 and after marriage, both of them lived only for six months at the Army Quarters, New Delhi and thereafter, they moved to their native Village where the minor daughter was born on 10.12.2005. According to the first Respondent-wife, after the birth of the daughter, the attitude of the Revision Petitioner completely changed and he treated her cruelly. Further, the Revision Petitioner often left her matrimonial company and deserted her without any just and sufficient cause. It was stated that the Revision Petitioner is leading an immoral life and therefore, she filed a complaint to the District Collector as also the Army authorities, but there was no response. In such circumstances, she filed HMOP No. 245 of 2010 before the Sub Court, Vellore under Section 13 (1) (i-a) (i-b) of The Hindu Marriage Act , for divorce but it was not contested by the Revision Petitioner, with the result, an exparte decree of divorce was granted on 26.04.2011. According to the first Respondent-wife, the Revision Petitioner-husband is earning more than Rs.45,000/- per month but he did not maintain the Respondents, being his wife and daughter. The second Respondent-daughter was studying 4^th Standard in St. John's Matriculation School, Vellore at the time of filing F.C.M.C. No. 21 of 2015 but the Revision Petitioner-husband did not provide any financial assistance even to meet the educational expenses of the second Respondent- daughter. Therefore, she filed the aforesaid F.C.M.C. No. 21 of 2015.

3. On notice, the Revision Petitioner-husband filed a counter affidavit stating that within six months of marriage, because of the attitude of the First Respondent-Wife, misunderstanding cropped up and they got separated. Even though the elders in the Village made conciliation, the First Respondent-Wife refused to rejoin the matrimonial company of the Revision Petitioner. Instead, the First Respondent-Wife filed HMOP No. 245 of 2010 and obtained a decree of divorce on 26.04.2011. According to the Revision Petitioner-Husband, he is only earning a sum of Rs.12,550 out of which he is looking after the educational expenses of the minor daughter also. It is further stated that after five years of dissolution of marriage, he contracted a second marriage with one S.Suriya on 16.12.2015 and the salary he is earning is just and sufficient to maintain his second wife, father, mother and grandmother. The family of the First Respondent-Wife is affluent and she is resourceful enough to maintain herself and the minor daughter. However, on coming to know about the second marriage of the Revision Petitioner-Husband, after five years of grant of decree of divorce at the instance of the First Respondent- Wife, the present F.C.M.C. No. 21 of 2015 was filed seeking maintenance. Therefore, the Revision Petitioner-Husband prayed for dismissal of the F.C.M.C. No. 21 of 2015.

4. Before the Family Court, Vellore, the First Respondent-Wife examined herself as PW1 and Exs. P1 to P7 were marked. On behalf of the Revision Petiti