IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 230 of 2006()
1. CHEMBROL MEETHAL MUHAMMED,
... Petitioner
Vs
1. SADIQUE, 13 YEARS, MINOR,
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :01/03/2010
O R D E R
M.N. KRISHNAN, J.
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R.P.(F.C.) NO. 230 OF 2006
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Dated this the 1st day of March, 2010.
O R D E R
This revision is preferred against the order of the Family
Court, Kozhikode in C.M.P.1219/05 in M.C.348/01. By virtue
of the order dated 5.11.01 the minor child was ordered to be
paid maintenance at the rate of Rs.300/-. Now the child has
grown up and at the time of filing of the petition he was 9
years old. The Family Court awarded a maintenance of
Rs.1,250/-. It is against that decision the father has come up
in revision.
2. The contention of the mother is to the effect that
her husband was running a hotel and was having substantial
income. The Family Court did not accept that contention and
found him to be only a coolie and fixed his income at
Rs.6,000/- and granted the maintenance. One may not be
able to get coolie work on all days and it has also come out in
evidence that he has married again and there are two children
in the wedlock. So he has to maintain a new family as well in
R.P.(F.C.) NO. 230 OF 2006
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the case. Taking into consideration all these materials
together I feel the amount of maintenance can be fixed at
Rs.1,000/- instead of Rs.1,250/-.
In the result R.P.(F.C.) is partly allowed and the order of
maintenance awarded is modified from Rs.1,250/- to
Rs.1,000/- payable from 1.8.2006.
M.N. KRISHNAN, JUDGE.
ul/-