IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 233 of 2008()
1. VASUDEVAN
... Petitioner
Vs
1. ANITHA
... Respondent
For Petitioner :SRI.T.RAJESH
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/07/2008
O R D E R
R.BASANT, J
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R.P.F.C.No.233 of 2008
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Dated this the 24th day of July 2008
O R D E R
The petitioner in this R.P.F.C assails an order passed under
Section 125 Cr.P.C obliging him to pay maintenance at the rate
of Rs.1,000/- per mensum to the second claimant admittedly his
minor child. The claim of the first petitioner/wife under Section
125 Cr.P.C was turned down by the Family Court.
2. Marriage is admitted. Paternity is admitted.
Separate residence is not disputed. What then is the contention
regarding the claim of the minor child? The learned counsel for
the petitioner only submits that the quantum of maintenance
awarded is excessive.
3. There is a dispute about the nature of employment
about the petitioner. Be that as it may, the amount presently
ordered – Rs.1,000/- per mensum is perfectly justified even
assuming that the petitioner has no employment whatsoever and
he is just an able bodied person. He is expected to work, earn
his livelihood and support his child. In any view of the matter, I
am satisfied that the quantum of maintenance fixed does not
R.P.F.C.No.233/08 2
warrant interference invoking the revisional jurisdiction of
superintendence and correction vested in this court.
4. This petition is accordingly dismissed.
(R.BASANT, JUDGE)
jsr
R.P.F.C.No.233/08 3
R.BASANT, J
R.P.F.C.No.
ORDER
11/02/2008