High Court Kerala High Court

Chembrol Meethal Muhammed vs Sadique on 1 March, 2010

Kerala High Court
Chembrol Meethal Muhammed vs Sadique on 1 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 230 of 2006()


1. CHEMBROL MEETHAL MUHAMMED,
                      ...  Petitioner

                        Vs



1. SADIQUE, 13 YEARS, MINOR,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :01/03/2010

 O R D E R
                      M.N. KRISHNAN, J.
              = = = = = = = = = = = = = = =
                R.P.(F.C.) NO. 230      OF 2006
              = = = = = = = = = = = = = = =
          Dated this the 1st day of March, 2010.

                           O R D E R

This revision is preferred against the order of the Family

Court, Kozhikode in C.M.P.1219/05 in M.C.348/01. By virtue

of the order dated 5.11.01 the minor child was ordered to be

paid maintenance at the rate of Rs.300/-. Now the child has

grown up and at the time of filing of the petition he was 9

years old. The Family Court awarded a maintenance of

Rs.1,250/-. It is against that decision the father has come up

in revision.

2. The contention of the mother is to the effect that

her husband was running a hotel and was having substantial

income. The Family Court did not accept that contention and

found him to be only a coolie and fixed his income at

Rs.6,000/- and granted the maintenance. One may not be

able to get coolie work on all days and it has also come out in

evidence that he has married again and there are two children

in the wedlock. So he has to maintain a new family as well in

R.P.(F.C.) NO. 230 OF 2006
-:2:-

the case. Taking into consideration all these materials

together I feel the amount of maintenance can be fixed at

Rs.1,000/- instead of Rs.1,250/-.

In the result R.P.(F.C.) is partly allowed and the order of

maintenance awarded is modified from Rs.1,250/- to

Rs.1,000/- payable from 1.8.2006.

M.N. KRISHNAN, JUDGE.

ul/-