IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 99 of 2009()
1. JAYAMMA.K.P,AGED 45 YEARS,
... Petitioner
Vs
1. RAGHAVAN.T, AGED 54 YEARS,
... Respondent
For Petitioner :SRI.SANTHARAM.P
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/03/2010
O R D E R
M.N. KRISHNAN, J.
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R.P.(F.C.) NO. 99 OF 2009
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Dated this the 11th day of March, 2010.
O R D E R
This revision is preferred against the order of the Family
Court, Kozhikode in M.C.79/07. The petitioner/wife was
granted a maintenance of Rs.1,250/- per month and it is
against that decision the wife has come up for enhancement.
2. Heard the learned counsel appearing for both the
sides. Paragraph 31 of the order deals with the subject
matter. It is submitted that the husband is having 5 acres of
granite quarry. It is also stated that in normal days about 40
loads of granite stones will be removed from the quarry. Only
in rainy season it cannot be done. It has also come out that he
has got some coconut and areacanut garden as well. So I
think further elaboration is not necessary with respect to the
source of income for the husband. Granting of maintenance of
Rs.1,250/- during the year 2008 cannot be said to be
excessive or proper. So it requires enhancement. From the
materials it is evident that the wife is not having any source of
R.P.(F.C.) NO. 99 OF 2009
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income or any job. Therefore I increase the order of
maintenance granted from Rs.1,250/- to Rs.1,750/-.
3. The learned counsel wanted me to change the
granting of maintenance from the date of petition instead of
date of order. It is a discretionary jurisdiction that is granted
to the Family Court u/s 125 Cr.P.C. The rule is to grant an
order of maintenance from the date of order and only for
special reasons it can relate back to the date of petition.
Learned Family Court Judge had exercised that discretion
judiciously which I do not propose to interfere.
In the result R.P.(F.C.) is disposed of by modifying the
order of maintenance from Rs.1,250/- to Rs.1,750/- payable
from the date of order.
M.N. KRISHNAN, JUDGE.
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