O R D E R

Dated this the 28th day of October, 2022 This revision petition filed under Section 19(4) of the Family Courts Act , is at the instance of the respondent-husband in M.C.No.54/2014, on the file of the Family Court, Thiruvananthapuram, where the petitioners are the respondents herein.

2. Order dated 05.01.2016 in M.C.No.54/2014 is under challenge in this revision petition, on the ground that the Family Court wrongly granted maintenance to the first respondent, who is the petitioner-wife in the MC, at the rate of Rs.2,500/-, ignoring the admission of the 1st respondent in Ext.R1, the copy of petition for divorce filed under Section 10A of the Indian Divorce Act and Section 7 of the Family Courts Act .

3. Three questions arise for consideration in this petition are;

1) Can a wife living separately by mutual consent claim allowance of maintenance?

2) Living separately after divorce is akin to living separately by mutual consent ?

3) Whether a divorced wife can claim allowance of maintenance after filing joint petition admitting that all claims except the claim of maintenance of the child were settled?

4. It is submitted by the learned counsel for the revision petitioner that the r