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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MIHIJA. T.A. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. desertion by a spouse justifies claims for maintenance. (Para 2) |
| 2. evidence showed desertion had occurred, affirming the wife's right to separate living. (Para 5 , 6) |
| 3. lack of employment cannot exempt a spouse from maintenance. (Para 7) |
| 4. the court set the maintenance at rs. 5,000 per month. (Para 8) |
ORDER
This revision petition has been filed challenging the order dated 06.10.2021 passed by the Family Court, Nedumangad, in M.C.No. 539 of 2018, declining maintenance to the wife.
2. The petitioner is the wife of respondent No.2. She had filed M.C.No. 539 of 2018 against respondent No.2 claiming maintenance at the rate of Rs.25,000/- per month, under Section 125 of Cr.P.C. After trial, the Family Court dismissed the maintenance case on the ground that the petitioner was living separately from respondent No.2 without sufficient reason. The said order is under challenge in this revision petition.
3. I have heard both sides.
4. Respondent No.2 does not have any case that the petitioner has any job or source of income. Admittedly, respondent No.2 was employed in the Gulf. According to him, he has come down from the Gulf and thereafter he has no job.
5. It is true that th
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