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Subramanian vs C.V.Suhra on 22 July, 2008

Kerala High Court
Subramanian vs C.V.Suhra on 22 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 227 of 2008()


1. SUBRAMANIAN, AGED 33 YEARS,
                      ...  Petitioner

                        Vs



1. C.V.SUHRA, AGED 30 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :22/07/2008

 O R D E R
                           R. BASANT, J.
                 - - - - - - - - - - - - - - - - - - - - - -
                   R.P.F.C.No. 227 of 2008
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              Dated this the 22nd day of July, 2008

                              O R D E R

In this revision petition the petitioner assails an order

passed under Section 125 Cr.P.C. obliging him to pay

maintenance at the rate of Rs.2,000/- p.m. to the claimant,

allegedly his wife.

2. Eventhough the marriage was disputed in the counter

statement, at the stage of evidence there is an unambiguous

admission regarding marriage. The learned Judge of the Family

Court in these circumstances came to the conclusion that there

was a valid marriage. Annex.A1 marriage register was also

produced. There is no attempt made before me to strain to assail

the finding regarding marriage. There was overwhelming

evidence, in addition to the admission made by the petitioner in

the box, to come to a safe conclusion regarding existence of the

marriage.

3. The only contention on which the order is assailed is

the quantum of maintenance awarded. The petitioner was shown

R.P.F.C.No. 227 of 2008
2

to be a Mechanic working in the Telephone Department on temporary

basis for the past many decades. According to him he has no

employment. The learned Judge of the Family Court took note of the

fact that he enjoyed good health and at any rate his monthly income

could not be less than Rs.5,000/- The petitioner has a contention that

he has some ailments. No witness was examined to prove such

ailment. No oral or documentary evidence was pressed into service in

support of that contention. The Family Court, in these circumstances,

came to the conclusion that maintenance deserves to be awarded at the

rate of Rs.2,000/-

4. I am not satisfied, in the facts and circumstances of this case,

that the quantum of maintenance awarded deserves to be interfered

with by invoking the revisional jurisdiction of superintendence and

correction.

5. This R.P.F.C. is accordingly dismissed.

(R. BASANT)
Judge
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