IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP(Family Court) No. 68 of 2008()
1. EBRAHIM, S/O SAYEED MOHAMMED RAWTHER,
... Petitioner
Vs
1. JASMINE, 35 YEARS, D/O MOHAMMED ANEEFA,
... Respondent
2. MUHAMMED RASHWAN, MINOR 12 YEARS,
3. RAFNA, MINOR 8 YEARS.
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/02/2008
O R D E R
R. BASANT, J.
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R.P.F.C. No. 68 OF 2008
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Dated this the 29th day of February, 2008
O R D E R
This revision petition is directed against an order
passed under section 127 Cr.P.C. obliging the petitioner to
pay enhanced maintenance at the rate of Rs.750, Rs.600/-
and Rs.500/- respectively to his wife aged 35 years and
children aged 12 years and 8 years respectively.
2. The acrimony between the spouses has a long
history. In MC.59/97 maintenance was awarded to the
claimants at the rate of Rs.300/-, Rs.250/- and Rs.200/- per
month respectively. Enhancement was claimed later and as
per order in MC.50/03 the maintenance amount was
enhanced to Rs.500/-, Rs.400/- and Rs.300/- respectively. It
is in this context that the present application for enhancement
was filed in 2006. There was evidence only of the first
claimant wife on the one side and the petitioner CPW1 on the
other. A medical certificate was produced by the petitioner
R.P.F.C.68/08
: 2 :
herein.
3. The petitioner was admittedly employed abroad
earlier. Now, he has returned from his place of employment.
Conflicting versions are there about the nature of his present
employment. It is admitted that the petitioner is an
autorikshaw driver. The unnecessary controversy whether he
is employed as a conductor as asserted by the claimant or as
an autorikshaw driver as asserted by the petitioner need not
engage us any longer. I am of the opinion that the quantum
of monthly maintenance which is directed to be paid does
appear to be absolutely reasonable, fair and just. The
amounts awarded, it appears to me, to be hardly sufficient to
help the claimants to keep body and soul together. The
amounts awarded are consistent with the meagre evidence
available about the needs of the claimant and the means of
the petitioner herein. The learned counsel for the petitioner
contends that in addition to the liability to maintain the
claimant herein, the petitioner has married again and has one
child in such wedlock. He has to maintain his mother also, it
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: 3 :
is submitted. The petitioner’s conduct of voluntarily embracing
the liability to pay maintenance to another wife and child must
certainly give this court an idea about the degree of financial
affluence that he enjoys. In any view of the matter, I am
satisfied that the quantum of maintenance awarded does not
warrant any interference by invoking the revisional jurisdiction
of superintendence and correction. This revision petition is
accordingly dismissed.
4. The learned counsel for the petitioner then submits
that the petitioner may be given breathing time to make
payment of the arrears due so that he can avoid the
consequence of being imprisoned. The petitioner must show
the bona fides by making a substantial payment and then he
can request the learned Judge to give some further time. No
directions are necessary on that aspect. It is for the petitioner
to move the learned Judge of the Family Court for such relief.
(R.BASANT, JUDGE)
aks