IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 299 of 2008()
1. ANSALAN.K.M @ ANSAN, AGED 39 YEARS,
... Petitioner
Vs
1. STELLA, D/O.V.C.PAPPU, AGED 34 YEARS,
... Respondent
2. STENY, D/O.ANSALAN.K.M, AGED 5 1/2 YRS,R
3. STATE OF KERALA REP.BY P.P. HIGH COURT
For Petitioner :SRI.RAJEEV K.S
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/09/2008
O R D E R
R.BASANT, J
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R.P.F.C. No.299 of 2008
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Dated this the 18th day of September, 2008
ORDER
Petitioner assails an order passed under Section 125
Cr.P.C directing him to pay maintenance to his child @
Rs.1,000/- per mensem.
2. Marriage is admitted. Paternity is not disputed.
Separate residence is also conceded. The wife did not claim
maintenance. It is submitted that there has been divorce.
The petitioner’s liability to pay maintenance to the child is
not disputed. Two contentions appear to have been raised.
It was contended that an amount of Rs.50,000/- has been
paid by the petitioner when he was employed abroad
towards the maintenance of the child. No evidence
whatsoever has been adduced on this aspect. The counsel
contends before me that there is an admission in the
petition filed that such amount has been paid. The alleged
admission has been read over to me. There is no semblance
of an averment to show that any amount was paid towards
the maintenance of the child/claimant herein.
R.P.F.C. No.299 of 2008 2
3. It is next contended that the quantum of
maintenance awarded is excessive. The petitioner claims to
be only a coolie. I will take him as a coolie alone. Even
then the amount of maintenance ordered to be paid –
Rs.1,000/- per mensem, to the petitioner’s child by the
petitioner, who has no liability to pay any maintenance to
his wife, cannot be said to be excessive or perverse as to
justify invocation of the revisional jurisdiction of
superintendence and correction.
4. This revision petition is, in these circumstances,
deserves to be and is hereby dismissed.
Sd/-
(R.BASANT, JUDGE)
rtr/-
/true copy/
P.A to Judge