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2023 Supreme(Online)(KER) 659

HIGH COURT OF KERALA
C.S. DIAS, J
SONY PHILIP – Appellant
Versus
JAIN MATHEW – Respondent


Advocates:
KISHOR B.M., M.LAIJU NISSA, THOMAS J ANAKKALLUNKAL, ANUPA ANNA JOSE KANDOTH, JAYARAMAN S., MELBA MARY SANTHOSH

C O M M O N O R D E R

As these revision petitions are filed challenging the order in M.C.No.49/2018 of the Family Court, Pala, directing the husband to pay the wife monthly maintenance allowance @ Rs.3,500/- from the date of application(06.07.2018), they are being disposed of by this common order. R.P.(FC)No.382/2023 is filed by the husband assailing the impugned order and R.P. (FC)No.509/2023 is filed by the wife, dissatisfied with the quantum of maintenance ordered. For convenience, the parties are referred to as the ‘revision petitioner/husband’ and ‘respondent – wife’.

2. The respondent/wife had filed the application under Section 125 of the Code of Criminal Procedure,1973 (‘Code’, for the sake of brevity), against the revision petitioner/husband, seeking monthly maintenance allowance @ Rs.20,000/-. It was her case that, she was married to the revision petitioner on 16.05.2013. They are issueless. The revision petitioner treated her with matrimonial cruelty. She has no means to maintain herself. The revision petitioner is a construction contractor and has five acres of agricultural land, and he is earning a monthly income of Rs.80,000/-. The respondent has a right to live in th

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