O R D E R

The husband is aggrieved by the maintenance order obtained by his wife under Section 125 Cr.P.C from the Family Court, Vatakara. The marriage was solemnized on 22.4.2012, but the matrimony did not last long. The wife has been residing seperately since July 2012. Alleging desertion and cruelty, the wife approached the Family Court with maintenance claim. The revision petitioner / husband entered apperanace in the trial court and resisted the claim on the contention that his wife is mentally ill, and is not capable to perform her marital obligations. He further contended that she is being properly maintanined by her brother who has a bakery of his own. He also stated that he has filed OP 273/12 for declaration of nullitty.

2. The trial court conducted enquiry in the proceedings, and recorded evidence. The wife examined herself as PW1 and the husband examined himself as CPW1. On an appreciation of the evidence, the trial court found that the wife is entitled to claim maintenance, and that the husband is capable with sufficient means. Accordingly, the husband was directed to pay maintenance to the wife at the rate of ₹ 3,500/- per month by order dated 16.11.2013 in M.C 93/12.