High Court Kerala High Court

G.Sankaran Nair vs Souringal Sukumari on 13 February, 2009

Kerala High Court
G.Sankaran Nair vs Souringal Sukumari on 13 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 56 of 2009()


1. G.SANKARAN NAIR, AGED 75,
                      ...  Petitioner

                        Vs



1. SOURINGAL SUKUMARI, VIYYAKURISI AMSOM,
                       ...       Respondent

                For Petitioner  :SRI.DILIP MOHAN

                For Respondent  : No Appearance

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

 Dated :13/02/2009

 O R D E R
                      M.N. KRISHNAN, J
                      -----------------------
                   R.P(F.C)No. 56 OF 2009
                 ---------------------------------
            Dated this the 13th day of February, 2009


                           O R D E R

This revision is preferred against the order of the Family

Court, Malappuram in M.C. 331/2008. It was an application filed

under Section 127 of the Crl.P.C for enhancement of

maintenance. The old couple who got separated long back in

1974 continues fighting and ultimately the present petition is for

enhancement of the maintenance from Rs. 250/- to Rs. 2,000/-

per month. The court considered the matters before it and the

opposition of the husband is that the wife is having property. The

very production of documents in the form of judgment of the civil

court would reveal that all is not well and litigation is going on.

Now the husband admittedly is having a monthly pension of

Rs. 6,800/-. He had admitted from the box that he has got his

own house and 1 = acres of paddy field. The court below had

directed the husband to pay 10% of his pension namely Rs. 680/-

per month as maintenance. In the year 2009 when cost of living

R.P.(F.C) No. 56/2009
-2-

has gone up to the maximum it cannot be said to be on the

higher side. Therefore the order does not suffer from any

illegality or irregularity which requires interference.

Therefore the R.P(F.C) is dismissed.

M.N. KRISHNAN,JUDGE

vkm