ORDER

This revision petition has been filed challenging the dismissal of a petition filed by the wife under Section 125 of Cr.P.C.

2. The petitioner is the wife of the respondent. A son was born in the wedlock. Admittedly, the son is residing along with the petitioner. It is also not in dispute that the petitioner and respondent are living separately since 24.11.2014. The petitioner's claim for maintenance was turned down by the Family Court, Thiruvalla on the ground that she is living separately without any justifiable reason. Based on the said finding, the Family Court dismissed the application for maintenance. The said order is under challenge in this revision petition.

3. I have heard Sri. K.N. Radhakrishnan, the learned counsel for the petitioner and Sri. Saiby Jose Kidangoor, the learned counsel for the respondent.

4. The marriage is not in dispute. A husband is legally and morally bound to provide maintenance to his wife. However, Section 125 (1) (a) of Cr.P.C provides for maintenance to the wife who is unable to maintain herself. However, the right of the wife to claim maintenance from her husband who has sufficient means, is not absolute. It is subject to sub section (4) of