IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 128 of 2005()
1. P.D. CHACKO @ SAJI SEBASTIAN,
... Petitioner
Vs
1. JESSY CHACKO, D/O. CHACKO
... Respondent
2. SON FRANKLIN P.J., (MINOR) 5 YEARS.
3. DAUGHTER KOROLIN P.J., (MINOR)
4. DAUGHTER KARMALIN P.J. (MINOR)
For Petitioner :SRI.JOHN VARGHESE
For Respondent :SRI.JACOB ABRAHAM
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :01/03/2010
O R D E R
M.N.KRISHNAN,J.
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R.P.(F.C) No.128 OF 2005
======================
Dated this the 1st day of March 2010.
JUDGMENT
This revision is preferred against the order of
maintenance passed by the Family Court Kozhikode in
M.C.No.216/2004. The Family Court directed the husband to
pay Rs.1,000/- each per mensum as maintenance to three
children aged 5 years, 1 and half years and 5 months
respectively. The wife is a teacher and the husband is a
clerk in the School. The wife is working in Thamarassery
with three children and husband is residing at Kottayam.
What is the real cause for misunderstanding is still a misery.
The Family Court found that though the wife is a teacher
she has to engage maid servant for looking after the
children and also has to pay rent to reside in the house.
Even then the Family Court did not grant maintenance to
the wife but granted only maintenance to the children. The
husband is a clerk and his income is stated to be Rs.4,857/-,
R.P.(F.C) No.128 OF 2005 2
whereas the wife would depose that it is more than
Rs.10,000/-. The court blamed the husband for not
producing the salary certificate and as an adverse inference
granted a monthly maintenance of Rs.1,000/- per month, it
may not be really proper to award maintenance amounts
by adverse inference. The purport of the legislation is to
avoid destitution and it has also to be remembered that
paying capacity of the husband is a main criteria in fixing
the quantum. The contention that as a clerk, the person is
getting more than Rs.10,000/- may not be correct
considering the age of the person, for the reason that is not
a very senior hand. Since the wife is living for with all the
difficulties, including the appointment of a maid servant
to look after the children her income may not be sufficient
to look after the children properly and when the children are
in the growing process the expenses incurred will be more.
So, taking note of the entire situation I feel that considering
the employment status of the husband and his salary, the
amount of maintenance at the rate of Rs.800/- will be
R.P.(F.C) No.128 OF 2005 3
justified for the reasons stated with liberty to move under
Section 127 Cr.P.C, when there is variations for
circumstances.
In the result RPFC is disposed of by directing the
modification of maintenance awarded to the children from
Rs.1,000/- to Rs. 800/- payable from the date of the petition
and the mother is entitled to withdraw amount on behalf of
the children, if any amount paid shall be given credit.
M.N.KRISHNAN,JUDGE.
mns
