IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 446 of 2007()
1. RAJAN, 41 YEARS, S/O.GANAPATHI,
... Petitioner
Vs
1. RANJINI A.K., D/O.RAMAN, AREAKKODAN
... Respondent
2. RAHNA, 12 YEARS, (MINOR)
3. RAHUL 3 YEARS (MINOR)
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :SRI.P.BABU
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :02/03/2010
O R D E R
M.N. KRISHNAN, J.
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R.P.(F.C.) NO. 446 OF 2007
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Dated this the 2nd day of March, 2010.
O R D E R
This revision is preferred against the order of the Family
Court, Malappuram in M.C.685/06. Two minor children had
been granted maintenance at the rate of Rs.1,200/- and
Rs.800/- respectively and it is challenging that quantum the
husband has come up in revision.
2. Heard the learned counsel for both the sides. The
question is only regarding the quantum. The wife would
submit that the husband is a contractor making a daily income
of Rs.500/- whereas the husband would contend that he is
only a coolie who does not earn much income. The Court on a
guess work find that his income would be at the rate of
Rs.175/- per day even if he is a coolie and on the basis of the
same granted the order of maintenance. There is nothing to
prove that he is a contractor. There is no materials even to
prove what is his income. But he is an able bodied man who
has married and has got children. It is his responsibility to
R.P.(F.C.) NO. 446 OF 2007
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look after his children. He cannot plead technicality and get
away from maintaining the children who depend on him. It is
true that he has to look after his mother as well. So really
considering the facts of the case and the present price set up a
reasonable amount has to be awarded at the same time S.125
Cr.P.C. envisages a situation where the Court has to take note
of the capacity to pay. Therefore a balance has to be struck.
So I am inclined to reduce the told maintenance amount from
Rs.2,000/- to Rs.1,800/-(i.e.1000+800).
In the result R.P.(F.C.) is disposed of modifying the
quantum of maintenance to the first child from Rs.1,200/- to
Rs.1,000/- and that of the 2nd child is retained at Rs.800/-.
The mother is entitled to draw the amount on behalf of the
children. The amount already paid or deposited shall be
taken credit to.
M.N. KRISHNAN, JUDGE.
ul/-