High Court Kerala High Court

P.G. Rajendran Pillai vs Leela R. Pillai on 3 March, 2010

Kerala High Court
P.G. Rajendran Pillai vs Leela R. Pillai on 3 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 415 of 2007()


1. P.G. RAJENDRAN PILLAI,
                      ...  Petitioner

                        Vs



1. LEELA R. PILLAI,
                       ...       Respondent

                For Petitioner  :SRI.C.B.SREEKUMAR

                For Respondent  :SRI.R.GIREESH VARMA

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

 Dated :03/03/2010

 O R D E R
                     M.N.KRISHNAN,J.
            ======================
                 R.P.(F.C) No.415 OF 2007
            ======================
          Dated this the 3rd day of March 2010.

                         JUDGMENT

This revision is preferred against the order of the

Family Court Thiruvalla in M.C.No. 366/06. It was an

application filed by the wife for enhancement of the

maintenance. The court below had ordered maintenance at

the rate of Rs.350/- on 24.6.02. It is to enhance that

amount the petition is filed. The Court, after considering

the materials, granted enhanced maintenance at the rate

of Rs.900/- It is against that decision the present revision is

preferred.

2. Heard the learned counsel for the petitioner as well

as the respondent. The learned counsel for the revision

petitioner would contend that the court below has arbitrarily

enhanced the maintenance. He would submit that the the

wife is a person who is having income and also

employment but the court below did not accept those

R.P.(F.C) No.415 OF 2007 2

contentions. It is true that it has come out in evidence that

she is having 14 cents of property. The Court did not

accept the contention that there are rubber trees in the said

property. The court below held that there may be about

6 or 8 coconut trees in the property. On the other hand as

far as the husband is concerned he is employed in security

personnel in the State Bank of Travancore having basic pay

of Rs.4,935/- and he is also deriving pension. So his

income would be somewhere near Rs.7,000/- per month.

Though it is contended that his mother is a cancer patient,

nothing is produced to established the same. 7 years had

elapsed now. Considering the present escalation of price

and the huge increase in the cost of living, Rs.900/- cannot

be considered as an unreasonable or excessive amount.

Therefore I do not find any perversity or illegality in the

order passed by the Family Court. Therefore the revision

lacks merits and dismissed.

M.N.KRISHNAN,JUDGE.

mns