High Court Kerala High Court

Hamza Haji vs Afsath on 26 November, 2008

Kerala High Court
Hamza Haji vs Afsath on 26 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 341 of 2008()


1. HAMZA HAJI, AGED 52 YEARS
                      ...  Petitioner

                        Vs



1. AFSATH, 30 YEARS
                       ...       Respondent

2. MUHAMMED NOUFIC (MINOR)

                For Petitioner  :SRI.RAJESH NAMBIAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :26/11/2008

 O R D E R
                             R.BASANT, J
                          ----------------------
                      R.P.F.C.No.341 of 2008
                    ----------------------------------------
            Dated this the 26th day of November 2008


                               O R D E R

The petitioner in this revision petition assails an order

passed under Sec.125 Cr.P.C. obliging him to pay maintenance

at the rate of Rs.2,000/- per mensem.

2. Marriage between the mother of the claimant/child and

the petitioner herein is admitted. Birth of the claimant/child

during the currency of such matrimony is also admitted. A

contention was raised disputing paternity of the child.

Absolutely no satisfactory data was even attempted to be

adduced in support of the plea of denial of paternity. The

learned Judge of the Family Court came to the conclusion that

the claimant/child is entitled for maintenance. The learned

Judge of the Family Court took note of the totality of

circumstances. The learned Judge took note of the fact that the

petitioner was employed abroad for some period of time and that

he has landed property where agriculture is conducted. 175

rubber trees were admittedly available in 1.7 acres of land

planted with rubber. He has a total extent of about 2.5 acres of

R.P.F.C.No.341/08 2

land also, it was conceded. It was in these circumstances that

the court came to the conclusion that the petitioner can safely be

mulcted with the liability to pay an amount of Rs.2,000/- per

mensum to the claimant/child.

3. No attempt is made before me to assail the conclusion

that the petitioner is liable to pay maintenance to the claimant

who has been found to be his child. Less said about the plea of

dispute of paternity the better. The plea raised shows the cruel

face of the attitude of a father to the child. The learned Judge of

the Family Court definitely appears to have thought that the

injustice in the nature of the defence raised must be adequately

redressed. The learned counsel for the petitioner contends that

the quantum of maintenance awarded is excessive.

4. I must alertly remind myself of the nature, quality and

contours of the jurisdiction which I am called upon to invoke and

exercise. The revisional jurisdiction is one of superintendence

and correction. Even the quest for a better conclusion on facts

cannot persuade this court to lightly invoke the revisional

jurisdiction of superintendence and correction. Unless the

findings of fact and the exercise of discretion is vitiated by the

R.P.F.C.No.341/08 3

vice of the gross error and perversity which in turn leads to

miscarriage of justice, such revisional jurisdiction cannot and

shall not be invoked. I am hence convinced that this is not a fit

case to invoke the revisional jurisdiction. In coming to that

conclusion, I take note of the irresponsible defence raised by the

petitioner denying paternity of the child and the injustice caused

to the child. I further take note of the materials available about

the needs of the child and the means of the petitioner.

5. This R.P.F.C is in these circumstances dismissed.




                                             (R.BASANT, JUDGE)

jsr



             // True Copy//      PA to Judge

R.P.F.C.No.341/08    4

R.P.F.C.No.341/08    5

R.BASANT, J




  R.P.F.C.No.




     ORDER




  11/02/2008