IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 148 of 2004()
1. ABDUL LATHEEF, S/O.KOYAKUTTY, AGED 42
... Petitioner
Vs
1. MUHAMMED ABDHIL, AGED 3.5. YEARS,
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/03/2009
O R D E R
M.N. KRISHNAN, J.
= = = = = = = = = = = = = =
R.P(F.C.) NO. 148 OF 2004
= = = = = = = = = = = = = = =
Dated this the 19th day of March, 2009.
O R D E R
This revision is preferred against the order of the Family
Court, Kozhikode in M.C.270/03. The petitioner therein is a
minor child of the respondent and the matrimonial
relationship between the mother of the child and her
husband had been put to an end. It is submitted that the
child is suffering from serious ailments and there is no
capacity for the wife to look after the son. It is submitted by
the wife that the husband is having two acres of land with
rubber plantation and large bank deposits. On the contra the
husband would contend that he is jobless and he is not
having any money to pay the maintenance. After going
through the entire materials it has to be stated that there are
no concrete materials to establish regarding the possession
of property or bank deposit by the husband. It has also
come out in evidence that the child is suffering from serious
ailments and undergoing treatment in the Medical College
R.P(F.C.) NO. 148 OF 2004
-:2:-
Hospital. Taking into consideration these aspects the matter
has to be viewed. At any rate the husband is a 36 year old
man with good physique who had remarried and is having a
child in that remarriage. Such a husband or father cannot
afford to say that he is not able to maintain his child
especially when the child is unwell. Since there is no
concrete evidence to establish what is the income derived
and taking into consideration all the aspects I am inclined to
reduce the maintenance from Rs.1,500/- to Rs.1,250/-.
In the result the R.P.(F.C) is partly allowed and the
maintenance is reduced from Rs.1,500/- to Rs.1,250/- and it
has to be paid from the date of petition.
M.N. KRISHNAN, JUDGE.
ul/-