IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 69 of 2009()
1. N. PANKAJAKSHAN,
... Petitioner
Vs
1. ANANDA BAI GEETHA,
... Respondent
2. ARYA, AGED 11 YEARS,
3. ASHA, KALATHARIKATHU VEEDU,
For Petitioner :SRI.R.V.SREEJITH
For Respondent :SRI.G.SUDHEER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :09/02/2010
O R D E R
M.N. KRISHNAN, J.
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R.P.(F.C.) NO. 69 OF 2009
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Dated this the 9th day of February, 2010.
O R D E R
This revision is preferred by the husband against the
order of the Family Court, Thiruvananthapuram in M.C.134/02.
The Family Court directed the husband to pay a maintenance
at the rate of Rs.500/- to the wife and Rs.750/- each to the
children from 24.4.02 till 18.8.2008 and at the rate of
Rs.1,000/- per month from the date of order. It is against
that decision the husband has come up in revision.
2. An unfortunate couple in the late evening of their
life who started life on extreme love had now fallen apart and
the litigation is in progress. Two children are born in the
wedlock as well. A reading of the counter of the husband
would reveal that he is attributing unchastity on the wife and
he would even allege that she had relationship with somebody
else even prior to their marriage. In a society ladies consider
chastity as their main quality and when anybody attributes
charges of unchastity certainly it will amount to worst form of
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cruelty which a wife cannot bear. I do not want any other
particulars to arrive at a decision that the husband has been
unkind to the wife especially in the back drop that he had not
proved even a solitary instance of unchastity. So she is
entitled to live separately.
3. Now regarding the quantum. The husband was an
employee namely Peon in the Travancore Devaswom Board.
He had retired on 11.4.07 and thereafter he is receiving a
pension of Rs.2,137/-. The common house which they were
residing is now in the possession of the wife and children and
the husband has to leave that place as well. The Family Court
held that he has to find out an avocation and maintain the wife
and children. The Family Court also found that he is a heart
patient who requires treatment. Just because a person is seen
sitting in a bakery one cannot confer ownership of the bakery
on him in the absence of any evidence. So materials available
to prove the income of the husband after retirement is not
very much there and that has to be taken note of by a court.
Till April 2007 he was an employee and he had received
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salary from the Travancore Devaswom Board. Further it has
to be stated that the present petition is filed on 24.2.2002.
Therefore from the materials available the order of
maintenance has to be compartmentalized as one prior to
retirement and the other subsequent to the retirement. The
quantum awarded by the Family Court at the rate of Rs.500/-
to the wife and Rs.750/- each to the children be paid from
24.4.2002 till 30.4.2007 and thereafter considering the
nominal income the husband derives along with the fact that
he has also to make his both ends meet coupled with the
treatment for heart ailment I direct him to pay at the rate of
Rs.500/- each to the wife and the minor children that is from
1.5.2007 onwards. If situation improves and there are
changes as contemplated u/s 127 of the Cr.P.C. the wife and
children can move the Court for variation.
4. I am informed that execution petitions are pending
and let it be permitted to be kept pending and in the mean
time let the husband pay the amount ordered in five equal
monthly instalments and if there is default of any two
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consecutive instalments let the benefit conferred be forfeited
and the Family Court proceed to realise the amount in the
execution petition. I also make it clear all the amounts paid in
the form of interim maintenance or as per the orders of the
Court shall be given credit to and the balance need be
deposited in five monthly instalments.
R.P.(F.C.) is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-