IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 83 of 2006()
1. SULAIMAN, AGED 39 YEARS,
... Petitioner
Vs
1. FATHIMA BEEVI, AGED 43,
... Respondent
2. SUFEER,A GED 22, S/O.SULAIMAN, DO. DO.
3. SHAMEER, AGD 21, S/O.SULAIMAN,
4. SHAMEENA, AGED 19 YEARS,M
5. KERALA STATE REPRESENTED BY THE PUBLIC
For Petitioner :SRI.P.B.SUNEER
For Respondent :SMT.K.GIRIJA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/04/2009
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
R.P(F.C.) NO. 83 OF 2006
= = = = = = = = = = = = = = =
Dated this the 3rd day of April, 2009.
O R D E R
This revision is preferred by the respondents in
M.C.38/06 challenging the interim order of maintenance
ordered by the Family Court, Ernakulam. The contention of
the respondent is total denial of the marriage and paternity.
It has to be remembered that according to the first petitioner
he has married her and three children are born in their
wedlock. In support of the contention the petitioner has
produced Exts.A6 and A7 which are the photocopy of the
ration card and photocopy of the identity card. In both these
documents the first petitioner is described as the wife of the
respondent and the members 3 to 5 are shown as the
children of them. In the identity car also Fathima Beevi is
described as the wife of Sulaiman. So prima facie materials
are available at this stage to grant interim maintenance. So
far as the two children to whom maintenance has been
granted it has to be stated they are physically handicapped
R.P(F.C.) NO. 83 OF 2006
-:2:-
entitled to get maintenance under the provisions of law. The
revision petitioner is a mason by profession and it is a very
lucrative profession getting maximum income and there is
scarcity for getting masons now-a-days for doing work. The
Family Court has granted only a reasonable interim
maintenance of Rs.900/- to the wife and Rs.450/- each to
the disabled children. The said order does not call for any
interference and therefore the R.P.(F.C) is dismissed.
The Registry is directed to send back the trial Court
records immediately. The Court shall try to dispose of the
main case within a period of three months from the date of
receipt of records.
M.N. KRISHNAN, JUDGE.
ul/-