IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 110 of 2009()
1. ARAMAKKAVEETTIL MOOTHEDATH SHAMLECK
... Petitioner
Vs
1. MUKKATTIL ASIYA
... Respondent
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent :SRI.T.H.ABDUL AZEEZ
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/03/2010
O R D E R
M.N.KRISHNAN,J.
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R.P.(F.C) No.110 OF 2009
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Dated this the 12nd day of March 2010.
O R D E R
This revision is preferred against the order of
maintenance passed by the Family Court, Malappuram in
M.C.No.461/2008. The Family Court granted an order of
maintenance at the rate of Rs.5,000/- to the petitioner from
the date of filing of the M.C. It is against that decision, the
husband has come up in revision.
2. Heard the learned counsel for the revision petitioner
as well as the respondent. The learned counsel for the
revision petitioner wound strongly contend before me that
the Family Court was not right in fixing the maintenance at
Rs.5,000/- in the absence of materials. He had produced
along with revision some documents obtained subsequently
to prove that he was only having income of Rs.600/- Dirhams
equivalent Rs.7,500/- and therefore, the amount awarded is
exorbitant. What was the income available to him and
R.P.(F.C) No.110 OF 2009 2
whether the document relied upon by him can be accepted
are all matters which the court can consider only after
getting evidence in the matter. Therefore, I am inclined to
grant an opportunity to both sides to produce documentary
as well as oral evidence with respect to the quantum of
maintenance to be fixed in the case. Therefore, the order
under challenge is set aside and the matter is remitted back
to the Family Court with a direction to permit both parties to
produce documentary as well as oral evidence in support of
their respective contentions and then dispose of the matter
in accordance with law. But as an interim arrangement the
revision petitioner shall continue to pay at the rate of Rs.
2,000/- per month from 1.6.2009 onwards and let the matter
be disposed of within a period of three months from the date
of first appearance of the parties before the Family Court.
The parties are directed to appear before the Family Court
on 20.4.2010.
M.N.KRISHNAN,JUDGE.
mns