High Court Kerala High Court

Sajeesh Kumar P.G. vs Bindu.P.S. on 8 February, 2008

Kerala High Court
Sajeesh Kumar P.G. vs Bindu.P.S. on 8 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP(Family Court) No. 33 of 2008()


1. SAJEESH KUMAR P.G., AGED 37,
                      ...  Petitioner

                        Vs



1. BINDU.P.S., AGED 34, D/O.SIVAN,
                       ...       Respondent

2. GOPIKA, MINOR, D/O.BINDU P.S.

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :08/02/2008

 O R D E R
                             R. BASANT, J.

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                      R.P.F.C. No. 33 OF 2008

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            Dated this the 8th day of February, 2008


                                O R D E R

This revision petition is directed against a direction

under section 125 Cr.P.C. to pay maintenance at the rate of

Rs.1,250/- and Rs.1,000/- respectively to the claimants,

admittedly, the wife aged 34 years and child aged 8 years of

the petitioner herein.

2. Marriage is admitted. Separate residence is

admitted. The court below found the wife entitled for separate

maintenance and accordingly issued the impugned direction.

3. The petitioner claims to be aggrieved by the

impugned order. Called upon to explain the nature of

challenge which the petitioner wants to raise against the

impugned order, the learned counsel for the petitioner

contends that the quantum of maintenance awarded is

excessive.

4. The amount ordered as stated earlier is only

Rs.1,250/- and Rs.1,000/- respectively to the wife and child

RPFC.33/08

: 2 :

from the date of the petition. The petitioner is admittedly

employed abroad. There is nothing to show that the

claimants have any other means. I am, in these

circumstances, satisfied that the challenge against the

quantum of maintenance awarded is without any merit and

the revision petition only deserves to be dismissed. The

inability of the wife to produce any documents to show the

income of her husband employed abroad cannot persuade

this Court to conclude that there is no sufficient evidence

about the means of the husband. Reasonable inferences and

deductions have to be made. Admittedly, the petitioner is

employed abroad. That premise is, according to me, more

than sufficient to justify the direction to pay the meagre

amounts of Rs.1,250/- and Rs.1,000/- respectively to the wife

and child. This revision does not deserve admission to

consider the contentions raised. I am satisfied that the

revision petition only deserves to be dismissed. I do so.

(R.BASANT, JUDGE)

aks