High Court Kerala High Court

P.P. Radhakrishnan vs Padmini Amma on 5 January, 2010

Kerala High Court
P.P. Radhakrishnan vs Padmini Amma on 5 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 41 of 2006()


1. P.P. RADHAKRISHNAN, PARAYARUKANDIPURAYI
                      ...  Petitioner

                        Vs



1. PADMINI AMMA, D/O. APPU NAIR,
                       ...       Respondent

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  : No Appearance

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

 Dated :05/01/2010

 O R D E R
                       M.N. KRISHNAN, J.
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                  R.P.(F.C.) NO. 41      OF 2006
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         Dated this the 5th day of January, 2010.

                         J U D G M E N T

This revision is preferred against the order of the Family

Court, Kozhikode in C.M.P. 799/03 in M.C.48/93. Initially the

trial court granted a maintenance of Rs.250/- to the wife

which was reduced in revision by the High Court to Rs.150/-.

This had taken place during 1994-95. In 2005 the wife moves

an application for enhancement and the Court fixed it at

Rs.500/-. It is that order which is under challenge in this

revision.

2. The husband would contend that he has sustained

fracture and therefore he is unable to do work. Exts.B1 and

B2 would reveal that he had sustained a fracture on the

vertebra and he had been advised to take eight weeks rest.

Nothing further has come out to show that he is disabled from

doing any work. Admittedly he is an employee of ‘Abhilash

theater’ and it is contended that his total income is Rs.80/- per

day whereas the wife would contend it is Rs.4,500/-.

R.P.(F.C.) NO. 41 OF 2006
-:2:-

Whatever it may be there is an employment for the husband.

The husband has also got 20 cents of property admittedly

from which he is taking income. So taking into consideration

these aspects an enhancement of the amount to a small

amount of Rs.500/- at this point of time by any stretch of

imagination cannot be said to be on the higher side.

Therefore the revision lacks merit and the same is dismissed.

M.N. KRISHNAN, JUDGE.

ul/-