High Court Kerala High Court

Rajendran vs T.K.Geetha on 10 July, 2008

Kerala High Court
Rajendran vs T.K.Geetha on 10 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 208 of 2008()


1. RAJENDRAN, S.O,MADHAVAN, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. T.K.GEETHA, W/O.RAJENDRA, AGED 38 YEARS,
                       ...       Respondent

2. RANJITH, S/O.RAJENDRAN, AGED 16 YEARS,

3. SREEJITH, S/O.RAJENDRAN, AGED 13 YEARS,

4. ABIJITH,S/O.RAJENDRAN, AGED 10 YEARS,

                For Petitioner  :SRI.S.ARUN RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :10/07/2008

 O R D E R
                            R.BASANT, J
                         ----------------------
                     R.P.F.C.No.208 of 2008
                   ----------------------------------------
              Dated this the 10th day of July 2008


                              O R D E R

The petitioner claims to be aggrieved by an order passed

under Section 125 Cr.P.C directing him to pay maintenance at

the rate of Rs.500/- to his wife, Rs.400/- each to his minor

children aged 16 years, 13 years and 10 years (Rs.1,700/- in all)

respectively per mensum. Marriage is admitted. Paternity is

admitted. Separate residence is also admitted. The petitioner

raised a contention that his wife is guilty of adultery. That plea

is not substantiated. The only other contention raised by the

petitioner is that he is not having sufficient means. He was

found to have properties belonging to him in his possession.

There was nothing to show that he was not an able bodied

person unable to earn his livelihood. It was in these

circumstances that the learned Judge of the Family Court

proceeded to pass the impugned order. It has been made clear

that the minor children are entitled for maintenance only till they

attain majority.

R.P.F.C.No.208/08 2

2. The petitioner claims to be aggrieved by the

impugned order. What is the grievance? The learned counsel

for the petitioner only submits that the quantum of maintenance

awarded is excessive. No other contentions are raised.

3. The amount of maintenance awarded is only Rs.500/-

to the wife and Rs.400/- each to the three children. The

petitioner has landed properties without any doubt. He is bound

to work and earn his livelihood also. He is a person having a

wife and three children. To discharge the liability to maintain

them, he will have to work hard. By no stretch of imagination

can it be held that the quantum of maintenance awarded is

excessive or unreasonable as to justify or warrant invocation of

the revisional jurisdiction of superintendence and correction.

4. I do not find any merit in this petition. This petition

only deserves to be dismissed. This petition is accordingly

dismissed.

(R.BASANT, JUDGE)

jsr

R.P.F.C.No.208/08 3

R.P.F.C.No.208/08 4

R.BASANT, J

R.P.F.C.No.

ORDER

11/02/2008