IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 321 of 2008()
1. SHAFEEK, AGED 15 YEARS, MADATH
... Petitioner
2. SHAFANATH, AGED 14 YEARS (MINOR),
Vs
1. ABDUL RASAK, AGED 48 YEARS,
... Respondent
For Petitioner :SRI.K.B.ARUNKUMAR
For Respondent :SRI.K.M.SATHYANATHA MENON
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/02/2010
O R D E R
M.N. KRISHNAN, J
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R.P.F.C No.321 OF 2008
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Dated this the 5th day of February, 2010.
J U D G M E N T
This revision petition is preferred by petitioner’s No.4
and 5 represented by Petitioner No.3, grandmother for
maintenance against their father. The family court on
consideration of the materials granted maintenance at the rate of
Rs.750/- each per month from the date of petition and it is against
that decision the children have come up in revision for
enhancement of maintenance.
2. Heard the learned counsel for the revision petitioner as
well as the respondent. At the outset I may like to say here is a
person who goes on marrying persons after persons and
ultimately he has got into a difficult situation by orders of various
courts regarding payment of maintenance to the children born
through different wives. This petition had been filed child in the
first wife and child in the second wife, children in the third wife.
He has already married to a fourth lady. The court below did not
R.P.F.C No.321/08 2
grant maintenance to the 1st and 2nd petitioner since they had
attained majority. It awarded maintenance to minor petitioners 4
and 5 and they were aged 13 and 15 years respectively. At the
time of filing of petition in 2008, both of them were attending
school. They are under the protection of their grandmother. The
materials when read would show that the mother of the children
is away in Gulf Country. There is no picture regarding her income
by which she can maintain the children. But there is supporting
materials available with respect to the husband for the reason
that he has admitted he has got 55.5 cents of land and that he
was a person who was taking mango gardens for lease. He would
add that on account of some heart ailment he would not continue
the same. The court below held that there is no scrap of paper
regarding heart ailment. It is also to be understood that
Mohammedan law also mandates to look after the wife properly
and the law does not support marrying persons and making them
destitutes. So it is also a matter that has to be borne in mind.
Here the person is having 55.5 cents of land and it is suggested
in the cross examination, whether it will fetch one lakh per cent.
He would say it is subject matter of litigation, but would admit in
examination final decree has been passed in the matter and some
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negotiations are going on. Over and above this, the available
evidences would show that he is also maintaining his fourth wife
and children which would indicate husband’s income. Children
are at higher classes ie., in the high school area and therefore
they may require better care and attention. Considering the age
also they require some nutritious food as well. Taking into
consideration this fact and also the aspect that this man has to
look after so many children, I am not ordering a very heavy
maintenance, but confining the same by enhancing the
maintenance by Rs.250/- to both the children.
3. In the result, RPFC is disposed of, modifying the order of
maintenance in favour of petitioners 4 and 5 at the rate of
Rs.1,000/- each instead of Rs.750/- each payable from the date of
petition. Grandmother is authorised to receive the amount on
behalf of the children.
M.N. KRISHNAN, JUDGE.
sou.