High Court Kerala High Court

Parakkadan Faid vs P.P. Sabna on 8 February, 2010

Kerala High Court
Parakkadan Faid vs P.P. Sabna on 8 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 339 of 2009()


1. PARAKKADAN FAID, S/O. IBRAHIM,
                      ...  Petitioner

                        Vs



1. P.P. SABNA, D/O. UMMAR,
                       ...       Respondent

2. MUHAMMAD DILSHAD, 3 YEARS,

                For Petitioner  :SRI.BABU S. NAIR

                For Respondent  :SRI.K.P.MUJEEB

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

 Dated :08/02/2010

 O R D E R
                     M.N. KRISHNAN, J.
                  ...........................................
                 R.P.(F.C).No.339 OF 2009
                 .............................................
           Dated this the 8th day of February, 2010.

                              O R D E R

This revision is preferred against the order of the

Family Court, Malappuram in M.C.No.36/2009. The wife and

a small child had moved an application for maintenance and

the family court has ordered maintenance at the rate of

Rs.1,500/= to the wife and Rs.600/= to the child. It is

against that decision, the husband has come up in revision.

2. The main question is only regarding the quantum.

I had gone through the evidence of RW1, the husband. His

evidence itself would reveal that he is not financially so

weak. In his cross examination it has been brought out that

he is having two mobile phones. Though he claims that one

of them belongs to his friend, he has not proved it. He had

also stated that he used to purchase cloths for Rs.500/=

per month to the wife and Rs.100/= to the child. He also

admits that at least he will get an income of Rs.200/= per day.

He had further stated that he does not know what is the

extent of the property his father is having. He would also

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R.P.(F.C).No.339 OF 2009

submit that there are coconuts and areacanuts derivable

from the property but he does not know the quantum.

3. So an over all reading of the entire evidence

would reveal that he is a man living affluently and he was

also looking after his family at the time of happiness also.

Considering the present necessity and escalation of price

under any stretch of imagination it cannot be said that the

maintenance ordered is on the higher side and it is also

stated that the husband is also capable of making payment

to the wife and child.

The revision lacks merit and the same is dismissed.

M.N. KRISHNAN, JUDGE

cl

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R.P.(F.C).No.339 OF 2009