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2025 Supreme(Online)(Ker) 57280

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHABINA.C.R – Appellant
Versus
PRAJEESH.A – Respondent


Advocates:
For the Appellants/Petitioners: SMT.BINDUMOL JOSEPH, SRI.B.S.SYAMANTHAK, SMT.ANJU ANILKUMAR
For the Respondents: SMT.M.M.DEEPA

ORDER

This revision petition has been filed challenging the order passed by the Family Court, Thalassery in M.C.No. 45 of 2018 dated 31.08.2018.

2. The respondent is the husband of petitioner No.1 and the father of petitioner No.2. The petitioners filed M.C.No. 45 of 2018 before the Family Court, Thalassery against the respondent, claiming monthly maintenance at the rate of Rs.15,000/- and Rs.10,000/-, respectively. The respondent resisted the claim of petitioner No.1 mainly on the ground that she was residing separately without any justifiable reason. The Family Court accepted the said contention and rejected the claim of the petitioner No.1 for maintenance. However, the Family Court granted maintenance at the rate of Rs.5,000/- per month to the petitioner No.2. It is challenging the said order, this revision petition has been filed.

3. I have heard Smt.Bindumol Joseph, the learned counsel for the petitioners and Smt.M.M.Deepa, the learned counsel for the respondent.

4. As per Section 125 of Cr.P.C., a wife who is unable to maintain herself is entitled to claim maintenance from her husband who has sufficient means. However, the right of the wife to claim maintenance is not absolute

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