IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 184 of 2009()
1. SHAMEER, S/O. SHAHUL HAMEED,
... Petitioner
Vs
1. RASHEEDA, D/O. LATE SHAIK RAWTHER,
... Respondent
2. NISHAD, S/O. RASHEEDA,
For Petitioner :SRI.RAJESH SIVARAMANKUTTY
For Respondent :SRI.H.BADARUDDIN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/03/2010
O R D E R
M.N. KRISHNAN, J.
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R.P.(F.C).No.184 OF 2009
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Dated this the 16th day of March, 2010.
O R D E R
This revision is preferred against the order of
maintenance passed by the Family Court, Palakkad in
M.C.No.268/2007. The court ordered maintenance at the
rate of Rs.2,000/= to the wife and Rs.1,250/= to the child. It
is against that decision, the husband has preferred this
revision.
2. Heard the learned counsel for both sides. The
unfortunate young couple are separated and it is submitted
that the husband is working as a tailor in Thiruppur. In order
to fix the quantum of maintenance, there should be some
acceptable data before the court. I am also not prepared to
accept the evidence of RW1/the husband that he gets only
Rs.100/= per day as a tailor. Even a casual labourer in
Kerala gets about Rs.150-200 per day and no person will go
for work for Rs.100/= at Thiruppur. But these are all only
on the basis of a guess work. Therefore in the absence of any
concrete evidence, it is very difficult to fix the quantum
precisely. It has to be stated that grant of maintenance must
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R.P.(F.C).No.184 OF 2009
be in relation to the need of the person and capacity of the
person who is to pay. When the balance is struck in between
the two, I feel that the maintenance can be fixed at
Rs.1,500/= to the wife and Rs.1,000/= to the small child.
3. Therefore the revision is disposed of by modifying
the order of maintenance in favour of the wife from
Rs.2,000/= to Rs.1,500/= per month and that of the child
from Rs.1,250/= to Rs.1,000/= per month payable from the
date of petition and the mother can receive the amount on
behalf of the child.
Disposed of accordingly. .
M.N. KRISHNAN, JUDGE
cl
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