High Court Kerala High Court

Safarulla vs Jumaila on 23 October, 2008

Kerala High Court
Safarulla vs Jumaila on 23 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 146 of 2007()


1. SAFARULLA, AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. JUMAILA, AGED 28 YEARS,
                       ...       Respondent

2. LINSHAD, 10 YEARS, (MINOR)

3. LIBINAN, 6 YEARS, (MINOR)

                For Petitioner  :SRI.K.M.SATHYANATHA MENON

                For Respondent  :SRI.P.SAMSUDIN

The Hon'ble MR. Justice R.BASANT

 Dated :23/10/2008

 O R D E R
                             R. BASANT, J.
                -----------------------------------------------
                    R.P.(FC). No. 146 OF 2007
                -----------------------------------------------
              Dated this the 23rd day of October, 2008

                                O R D E R

The petitioner in this RP(FC) challenges an order passed

under Section 125 Cr.P.C obliging him to pay maintenance to his

wife and two children at the rate of Rs.2,000/-, Rs.1,000/-,

Rs.800/- respectively per mensem.

2. Marriage and paternity are admitted. Separate residence

is also conceded. Court below came to the conclusion on the

basis of the oral evidence of the claimant wife as against that of

the petitioner herein as RW1 that, claimants are entitled for

maintenance at the rates specified above. Petitioner claims to be

aggrieved by the impugned order. What is the grievance ? The

short contention raised before me is that the quantum of

maintenance awarded is excessive. The learned Judge appears

to have considered the question of quantum of maintenance in

great deal in paragraph 9 of the impugned order. The averments

in the petition as also the averments in the counter affidavit have

been read over to me. It is not disputed that the petitioner has

business interest in many concerns. He advances that the

R.P.(FC). No. 146 OF 2007
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conduct of them now is not as profitable as it need to be and that

some of them happened to be closed on account of loss incurred.

The learned Judge of the Family Court had taken note of the fact

that he was moving around in luxury cars and further took note of

the circumstance that even admittedly for the marriage of the

sisters of his wife, he claimed to have been spent an amount of

Rs.1.5 lakhs. I agree with the learned counsel for the petitioner

that the evidence is insufficient to correctly locate/identify and

ascertain precisely the monthly income of the petitioner. But no

court can be oblivious to the difficulties and plight of a separated

wife called upon to prove the actual quantity of income earned by

her husband. The totality of the circumstances will have to be

taken into account. I note that the learned Judge of the Family

Court had precisely done that. The course adopted by the learned

Judge cannot be said to be objectionable.

3. I must alertly remind myself of the nature and quality of

the jurisdiction of this Court sitting as a Court of revision to

exercise the revisional jurisdiction of correction and

superintendence. Unless the discretion exercised in fixing the

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quantum is found to be grossly erroneous and perverse, this Court

shall not invoke the revisional jurisdiction of superintendence and

correction. I am satisfied, in the facts and circumstances of this

case, that there is absolutely no justification in the prayer for

invocation of the revisional jurisdiction to interfere either with the

finding regarding liability or regarding the quantum of monthly

maintenance fixed for payment to the wife and children. I do not, in

these circumstances, find any reason to interfere. This R.P.F.C.

is, in these circumstances, dismissed.

R. BASANT, JUDGE

ttb

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