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2023 Supreme(Online)(KER) 15532

HIGH COURT OF KERALA
Kauser Edappagath, J
AYISHA K.A – Appellant
Versus
ITHAN – Respondent


Advocates:
BONNY BENNY, BEJOY JOSEPH P.J., GOVIND G. NAIR, SABU THOMAS, BALU TOM, TONY THOMAS (INCHIPARAMBIL), SMT.S.REKHA, SR.P.P.

O R D E R

This Revision Petition has been filed challenging the order in M.C.No.7 of 2021 dated 10.11.2022 passed by the Family Court, Kalpetta (for short 'the court below').

2. The revision petitioner is the wife of the respondent. Their marriage was solemnized on 14.07.1977. Four children were born out of the wedlock. The revision petitioner is now aged 58 years. The respondent is aged 62 years. The revision petitioner filed M.C.No.7 of 2021 at the court below claiming maintenance at the rate of Rs.5,000/- per month from the respondent invoking Section 125 of Cr.P.C. The court below after evaluating the evidence on record and hearing both parties, dismissed the petition, as per the impugned order. The said order is under challenge in this revision petition.

3. I have heard both sides.

4. The marital status of the parties is not in dispute. The court below on evaluation of the evidence, especially the evidence of PW2, came to the conclusion that the respondent conducts agricultural operation in the lease hold property measuring 2.83 hectares and he is getting sufficient income from it. In short, the court below came to a definite finding that the respondent has means to maintain th

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