High Court Kerala High Court

V.R.Rajan vs M.S.Rajamma on 18 June, 2008

Kerala High Court
V.R.Rajan vs M.S.Rajamma on 18 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 176 of 2008(Y)



1. V.R.RAJAN
                      ...  Petitioner

                        Vs

1. M.S.RAJAMMA
                       ...       Respondent

                For Petitioner  :SRI.B.KRISHNA MANI

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :18/06/2008

 O R D E R
                              R. BASANT, J.
                 -----------------------------------------------
                     R.P.(FC) No. 176 OF 2008
                 -----------------------------------------------
                 Dated this the 18th day of June, 2008

                                 O R D E R

This revision petition is directed against the order passed by

the Family Court under Section 125 Cr.P.C obliging the petitioner

to pay maintenance at the rate of Rs.400/- each per mensem to

his three minor children.

2. Marriage is admitted. Paternity is not disputed. The

learned Judge of the Family Court taking all the relevant

circumstances into account came to the conclusion that claimant

children are entitled for maintenance at the rate of Rs.400/- each

per mensem. Accordingly, the learned Judge proceeded to pass

the impugned order.

3. Petitioner claims to be aggrieved by the impugned order.

What is the grievance? The learned counsel for the petitioner first

of all contends that the petitioner is willing to maintain the children

on condition that they live with him. This is not a defence

permissible under law in a proceeding under Section 125 Cr.P.C.

The petitioner can certainly approach the Court and seek custody

of the children, if he is entitled for the same. At any rate, he

cannot say that he would pay maintenance to the children only if

RP(FC). No. 176 OF 2008
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they are returned to his custody. The said contention cannot

succeed. It is next contended that the claim of maintenance

awarded is excessive. The amount awarded is Rs.400/- each per

mensem to the three children. Accept any standards, I am

satisfied that the quantum of maintenance directed to be paid

does not warrant revisional interference. The petitioner has not

adduced any evidence and even reckoning him as just an able

bodied person, I am satisfied that the impugned order passed and

quantum fixed do not warrant interference at all.

4. This RP(FC) is, in these circumstances, dismissed.

R. BASANT, JUDGE
ttb

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