IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 84 of 2010()
1. SAYYID ALI T.P.,S/O.MUHAMMED,
... Petitioner
Vs
1. T.K.LAILA D/O. ABU,THEKKINKADAN HOUSE,
... Respondent
2. MUHAMMAD SHAMEER (MINOR)S/O. SAYYID ALI,
For Petitioner :SRI.K.RAMACHANDRAN
For Respondent :SRI.A.KRISHNAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/04/2010
O R D E R
M.N. KRISHNAN, J.
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R.P.(F.C.) NO. 84 OF 2010
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Dated this the 5th day of April, 2010.
O R D E R
This revision is preferred against the order of the Family
Court, Malappuram in M.C.52/09. The wife and child moved an
application for maintenance and the husband was ordered to
be pay maintenance at the rate of Rs.2,500/- to the wife,
Rs.1,200/- to the child. It is against that decision the revision
is preferred.
2. Heard the learned counsel for both the sides. It is
the contention of the revision petitioner that he is not so
affluent as projected to pay maintenance as ordered to be paid
to the wife and child. It has come out in evidence that he is
an NRI and according to him he is working as a cook cum
supplier in a cafeteria and the Family Court has observed that
even in Kerala a cook will be entitled to Rs.400/- per day. It
appears that he had also admitted that he is having sufficient
income to maintain two wives and the children but that by
itself cannot take us anywhere to fix the income of the person
R.P.(F.C.) NO. 84 OF 2010
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at Rs.25,000/-. It is only a wild guess of the Family Court. I
feel in the absence of specific materials some leniency can be
shown at the same time without depriving the wife and child
for an at least a reasonable living. Therefore I refix the
maintenance at Rs.2,000/- to the wife and maintaining the
order regarding the son at Rs.1,200/-.
In the result R.P.(F.C.) is disposed of by modifying the
order of maintenance refixing it at Rs.2,000/- to the wife and
maintaining the order regarding the son at Rs.1,200/- both
payable from the date of petition. The amount due to the
minor can be drawn by the mother. The amount, if any, paid
or deposited shall be given credit to.
M.N. KRISHNAN, JUDGE.
ul/-