High Court Kerala High Court

Manoj Kumar vs Rakhi Manoj Kumar & Another on 9 June, 2008

Kerala High Court
Manoj Kumar vs Rakhi Manoj Kumar & Another on 9 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 161 of 2008()



1. MANOJ KUMAR
                      ...  Petitioner

                        Vs

1. RAKHI MANOJ KUMAR & ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.P.HARIDAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :09/06/2008

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                  R.P.(FC) No. 161 of 2008
            -------------------------------------------------
            Dated this the 9th day of June, 2008

                               ORDER

This revision petition is directed against an order passed

under Sec.125 of the Cr.P.C. obliging the petitioner to pay an

amount of Rs.1,300/- to the 1st claimant – wife, and Rs.1,200/-

per mensem to the 2nd claimant – minor son, from the date of

the petition.

2. Marriage is admitted. Paternity is conceded. That

the petitioner is employed as a military personnel is also

admitted. The wife asserted that his income exceeds

Rs.15,000/- per mensem. On the contrary, he asserted that he

gets only an income of Rs.5,500/- per mensem. No better

documentary evidence was adduced. The 1st claimant/wife

asserted on oath the relevant facts. No evidence whatsoever

was adduced by the petitioner herein.

R.P.(FC) No. 161 of 2008 -: 2 :-

3. The learned Judge of the Family Court, in these

circumstances, sailed to the conclusion that it was absolutely

safe to direct payment of maintenance at the rate of Rs.1,300/-

and Rs.1,200/- per mensem respectively to the two claimants.

Accordingly, the learned Judge of the Family Court proceeded to

pass the impugned order.

4. The learned counsel for the petitioner submits that the

petitioner is aggrieved by the order. What is the grievance?

The short contention urged is that the quantum of maintenance

awarded is excessive. Less said about the contention, the

better. Even on his own showing the petitioner is a Havildar

employed in the Engineering Regiment. On his own assertion

he gets an income of Rs.5,500/- per mensem. The petitioner has

not chosen to make any better evidence available about the

quantum of his income. Reasonable inferences will have to be

drawn.

5. I am satisfied that the quantum of maintenance directed

to be paid to the claimants cannot be said to be grossly and

perversely excessive or beyond the means of the petitioner who

even on his admission gets an income of Rs.5,500/- per mensem.

6. I am, in these circumstances, satisfied that there is

absolutely no justification in the prayer for invocation of the

R.P.(FC) No. 161 of 2008 -: 3 :-

revisional jurisdiction of superintendence and correction against

the impugned order.

7. The learned counsel for the petitioner prays that the

petitioner may be given some further time to make the payment

of the arrears of maintenance. I am not persuaded to agree that

any directions need be issued. Needless to say, if the petitioner

deposits a substantial portion of the amount in arrears and prays

for further time, such request must be considered by the learned

Judge of the Family Court on merits and in accordance with law.

8. This revision petition is, in these circumstances,

dismissed.

Sd/-

(R. BASANT, JUDGE)

Nan/

//true copy//

P.S. to Judge