High Court Kerala High Court

Kallingal Elayodath Moideen vs Vallikkattu Valappil Jameela on 11 March, 2010

Kerala High Court
Kallingal Elayodath Moideen vs Vallikkattu Valappil Jameela on 11 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 413 of 2007()


1. KALLINGAL ELAYODATH MOIDEEN,
                      ...  Petitioner

                        Vs



1. VALLIKKATTU VALAPPIL JAMEELA,AGED 29
                       ...       Respondent

2. RASHA SAHAD, AGED 7 YEARS,(MINOR)

                For Petitioner  :SRI.P.K.IBRAHIM

                For Respondent  :SRI.T.K.SAIDALIKUTTY

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

 Dated :11/03/2010

 O R D E R
                      M.N. KRISHNAN, J.
                   ...........................................
                   R.P.(F.C).No.413 OF 2007
                  .............................................
            Dated this the 11th day of March, 2010.

                               O R D E R

This revision is preferred against the order of the

Family Court, Malappuram in M.C.No.703/2006. The wife

and son moved an application for maintenance against the

revision petitioner and the court below granted maintenance

at the rate of Rs.1,500/= to the wife and Rs.750/= to the

child from the date of the MC. It is against that decision,

the husband has come up in revision.

2. Heard the learned counsel for both sides. The

learned counsel for the revision petitioner would contend

that there is no valid ground to live separately and

secondly the quantum awarded is excessive. It is the case of

the wife that the husband at the time of marrying her had

suppressed the factum and when she was brought to the

house, the first wife was not in the house and she was told

about the fact that really the first wife was very serious in

health. It is also contended that the first wife, mother and

the revision petitioner used to ill treat her and had deprived

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of her ornaments etc. The court below noted the conduct of

the husband even from the court. When she gives some

version against the husband, he got irritated and threatened

her that he will kick her when he comes out of the court.

This is the basic attitude which the court found.

Considering the age of the child when a question was put

whether he was studying in school and in which standard

he was studying, the revision petitioner was not able to

give any answer which indicate how truthful he had been

towards his wife and child. Therefore the version of PW1

regarding the reason to live separately cannot be said to be

incorrect.

3. The next question is regarding the quantum. The

learned counsel for the revision petitioner had produced

some photographs to show that the revision petitioner is

disabled. The revision petitioner had filed a very detailed

counter affidavit before the court and no contention is

raised regarding any of the disabilities before the court

below.

4. The court exercising the revisional jurisdiction has

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only the limited power to look into the impropriety or

illegality of the order passed and therefore at this point of

time this Court cannot entertain such contentions. But I

find from the materials available that there is no proper

evidence to show what his income would be. The wife

would submit that he is running a foreign goods shop and

had landed properties and deriving a very sizable income,

but no positive materials are available to establish that fact.

There is only oath against oath and the only probability

that can be weighed with the court is that he is a man

married and he has got three daughters in his first wife

and a mother who are being regularly maintained by him.

When he marriages second time, it is his responsibility to

look after that wife also comfortably and happily. They

have to survive as well. He cannot get out of the

responsibility of maintaining the wife and child. Considering

the materials available, I think that little leniency can be

shown as no adequate materials available to show his

approximate income.

5. Therefore, I modify the award by reducing the

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maintenance from Rs.1,500/= to Rs.1,000/= and retain the

maintenance amount ordered to the child at Rs.750/=

payable from the date of petition

6. In the result, the revision is partly allowed and the

order of maintenance granted in favour of the wife is reduced

from Rs.1,500/= to Rs.1,000/= and that of the child is

retained at Rs.750/= payable from the date of the petition.

The mother is authorised to receive the maintenance

amount on behalf of the child. If any amount is paid or

deposited, that shall be given credit to.

Disposed of accordingly.

M.N. KRISHNAN, JUDGE

cl

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