IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 130 of 2008()
1. ABDUL RAHEEM THARAYIL, AGED 28 YEARS,
... Petitioner
Vs
1. RAJULA E.T., AGED 24 YEARS,
... Respondent
2. HIBA, 2 1/2 YEARS (MINOR),
3. STATE OF KERALA,
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :SRI.BABU S. NAIR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :13/01/2010
O R D E R
M.N.KRISHNAN, J.
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R.P.F.C.No.130 OF 2008
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Dated this the 13th January, 2010
O R D E R
This revision is preferred against the order of the Family
Court, Malappuram in M.C.468 of 2007. The wife and child of
the revision petitioner moved an application for maintenance and
the court below granted maintenance of Rs.2,000/- to the wife
and Rs.600/- to the child. It is against that decision the husband
has come up in revision.
2. Heard learned counsel for both sides.
3. The documents relied on by the petitioner in the case
Exts.A1 to A3 really does not signify the income of the husband
but it relates to other parties. So far as the fixation of quantum
is concerned the court below relied upon a statement given by
the husband to the effect that he was regularly visiting the wife
after delivery and was giving Rs.500/- or Rs.1,000/- every week
and he was capable of giving the same and so on the basis of the
same the court ordered maintenance. It has to be stated that
these are all answers to the questions in cross examination
without any precise indication of his income and therefore that
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shall not be sole basis for arriving at a decision. But the fact that
he is very young able bodied man aged 27 years and a healthy
person he is bound to give reasonable maintenance to his wife
and child. It is true that wife has not succeeded in proving the
conduct of a fancy store at Thurakal, Kondotty by the husband.
Therefore, considering the facts, his age etc., I am inclined to
modify the award by reducing the maintenance of wife to a sum
of Rs.1,600/- per month and Rs.600/- to the child.
4. Revision disposed of accordingly. The maintenance shall
be paid from the date of petition and minors amount can be
received by the mother.
M.N.Krishnan, Judge
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