O R D E R

The challenge in this revision is to the order dated 29.10.2022 in M.C.No.125 of 2019 passed by the Family Court, Mavelikkara.

2. The petitioner is the respondent/husband in M.C.No.125 of 2019. The respondent is the petitioner therein. The respondent filed the Maintenance Case under Section 125 Cr.P.C. before the Family Court. The Court issued notice to the petitioner husband.

3. After hearing both sides, the Family Court passed an interim order directing the petitioner/husband to pay Rs.4,000/- per month. He did not pay the interim maintenance awarded. When he failed to make the payment, the Family court struck off his defence and passed the impugned order.

4. I have heard the learned counsel for the petitioner/husband and the learned counsel for the respondent/wife.

5. The learned counsel for the petitioner submitted that the respondent/wife is employed in a private firm and that, she has sufficient means to maintain herself. It is further submitted that the petitioner has no capacity to pay the maintenance awarded. The learned counsel further submitted that the petitioner was not given an opportunity to lead evidence as the Family Court struck off his defence.

6. The learn