High Court Kerala High Court

Babu vs Bindu.N.K on 21 May, 2008

Kerala High Court
Babu vs Bindu.N.K on 21 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 25 of 2001()



1. BABU
                      ...  Petitioner

                        Vs

1. BINDU.N.K.
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :SRI.P.V.KUNHIKRISHNAN

The Hon'ble MR. Justice R.BASANT

 Dated :21/05/2008

 O R D E R
                            R.BASANT, J
                         ----------------------
                      R.P.F.C.No.25 of 2001
                   ----------------------------------------
               Dated this the 21st day of May 2008

                              O R D E R

This revision petition is filed by the petitioner claiming to

be aggrieved by an order passed under Section 125 Cr.P.C

whereunder he is obliged to pay an amount of Rs.400/- per

mensum to the claimant, his wife.

2. The marriage is admitted. Separate residence is also

admitted. The petitioner raised a contention that he, a coolie, is

not having sufficient means. He raised a further contention that

the claimant is not unable to maintain herself. He took up a

further plea that the claimant was residing separately without

any justifiable cause. It was also contended that the quantum of

maintenance claimed – at the rate of Rs.500/- per mensum is

excessive.

3. The claimant had contended that the petitioner was

guilty of matrimonial cruelty of the culpable variety and that she

is not, in these circumstances, willing to reside along with the

petitioner herein.

4. Parties went to trial on these contentions. The

claimant examined herself as PW1 and the petitioner herein

R.P.F.C.No.25/01 2

examined himself as RW1. No documents were marked. The

learned Judge of the Family Court, on an anxious consideration of

all the relevant inputs came to the conclusion that the claimant has

succeeded in establishing her claim for separate maintenance. The

court found that the claimant is unable to maintain herself and she

is residing separately on account of matrimonial cruelty. It was

further found that the petitioner was having sufficient means. He

admittedly being a person, a coolie, getting an income of Rs.75/- to

Rs.80/- per day. It was, in these circumstances, that the learned

Judge proceeded to direct payment of an amount of Rs.400/- per

mensum. The petitioner claims to be aggrieved by the impugned

order.

5. What is the grievance? The learned counsel for the

petitioner only contends that the quantum of maintenance awarded

is excessive and that at any rate the award of Rs.400/- per mensum

is not justified.

6. I am unable to find any merit in the challenge raised. I

concur with the conclusions of the Family Court that the claimant is

unable to maintain herself and that the petitioner having sufficient

means has refused and neglected to maintain the claimant. On the

R.P.F.C.No.25/01 3

admitted evidence of the claimant, he gets Rs.75/- to Rs.80/- per day

from his employment as a coolie. In these circumstances, viewed

from any angle, the direction to pay an amount of Rs.400/- is found

to be absolutely justified. I find no merit in the challenge raised.

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

(R.BASANT, JUDGE)

jsr

R.P.F.C.No.25/01 4

R.P.F.C.No.25/01 5

R.BASANT, J

R.P.F.C.No.25 of 2001

ORDER

21/05/2008