ORDER

The petitioner in this RP(FC) assails an order passed under Sec.125 Cr.P.C. obliging him to pay maintenance at the rate of Rs.2,500/- per mensem to his wife.

2. Marriage and separate residence are admitted. The claimant resides in India; whereas the petitioner resides abroad. One child born in the wed-lock is living with the petitioner herein at his place of employment abroad and the child is being educated also. The wife resides in India. According to her, she has no means. She prayed that an amount of Rs.7,000/- per mensem may be directed to be paid as maintenance.

3. The application was opposed. It was contended that the claimant has sufficient income and is not, at any rate, a woman unable to maintain herself. She has landed property and derives income from such property, it was contended.

4. Parties went to trial on these contentions. The claimant/wife herself examined as P.W.1. The petitioner did not examine himself.

5. The learned Judge of the Family Court came to the conclusion that the wife is having landed property and that there is income from the trees standing in the property. The learned Judge took the view that the wife must be earning income of Rs.3,000/- per mense