IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 95 of 2007()
1. C.V. DEVASYA @ SEBASTIAN,
... Petitioner
Vs
1. MARY, D/O. LATE MATHAI,
... Respondent
2. ALPHONSA SEBASTIAN (MINOR).
3. AKHILA SEBASTIAN (MINOR).
4. STATE OF KERALA,
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :SRI.SUJITH MATHEW JOSE
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :21/01/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
R.P.(F.C).No.95 OF 2007
.............................................
Dated this the 21st day of January, 2010.
O R D E R
This revision is preferred against the order of the
Family Court, Kottayam in M.C.No.68/2004. The wife and
two children moved an application for maintenance and the
court below awarded maintenance at the rate of Rs.2,000/=
to the wife and Rs.1,000/= each to the children. It is against
that decision, the husband has come up in revision for
reduction of the maintenance.
2. Heard the learned counsel for the revision
petitioner. The learned counsel very strongly contends
before me that it was the recalcitrant attitude of the wife
that had resulted in separation. The present wife is the
second wife and there are children to the husband in the
first wife who also depends on him. The second wife is
refusing to look after the children in the first wife and that
had created gulf between the parties and their separate
living.
3. The wife on the other hand would contend that she
: 2 :
R.P.(F.C).No.95 OF 2007
is not being properly looked after and therefore she is living
separately. Both of them had reached the stage of non
union and therefore considering the materials, I do not
want to disturb the finding regarding entitlement of the
maintenance. The only question survives is regarding the
quantum. According to the wife, her husband is working as
a cashier and his mother was an employee in a bank and
his first wife was also employed and she is no more.
According to the wife, there is pension for the mother and
the children of the first wife also getting her family pension
besides the salary of the husband. The husband is only
having 6 cents of property. It is also contended that the
wife is suffering from carcinoma over the Ovary and
undergoing constant medical attention. The children are
studying in reputed schools and documents are produced
to show that an mount of Rs.4,070/= is paid as fees annually.
So, in this background the court below fixed the quantum.
One cannot hold that it as an excess amount but it is
submitted that husband has to look after the needs of the
children. So taking note of the entire situation, I think
: 3 :
R.P.(F.C).No.95 OF 2007
leniency to the maximum possible extent of reduction is by
Rs.250/= of maintenance to the wife. The revision petition
is disposed of accordingly.
4. Therefore the revision petition is disposed of by
modifying the maintenance amount to Rs.1,750/= to the
wife and retaining the amount of Rs.1,000/= each to the
children and payable from the date of petition.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE
cl