Suresh Kumar vs Advaith on 19 February, 2008

Kerala High Court
Suresh Kumar vs Advaith on 19 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP(Family Court) No. 49 of 2008()


1. SURESH KUMAR,AGED 33 YEARS
                      ...  Petitioner

                        Vs



1. ADVAITH, AGED 2 1/2 YEARS, (MINOR)
                       ...       Respondent

2. RAJITHA,D/O. NEDUMBARAYIL N.K.RAMADAS,

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :19/02/2008

 O R D E R
                               R.BASANT, J

                            ----------------------

                         R.P.F.C.No.49 of 2008

                      ----------------------------------------

               Dated this the 19th day of February 2008




                                 O R D E R

This revision petition is directed against a direction issued

to the petitioner to pay maintenance at the rate of Rs.2,000/- per

mensum to the claimant, his child, from the date of the petition

under Section 125 Cr.P.C.

2. Marriage is admitted. Paternity is not disputed. The

father and the mother are residing separately consequent to

some strain in the matrimony. Both the father and the mother

are employed as teachers. Both of them get a monthly income of

about Rs.12,000/- each. The claimant/child represented by its

mother claimed an amount of Rs.3,500/- per mensum as

maintenance. The petitioner took up a contention that the

mother is residing separately without any legal justification. He

further contended that the quantum of maintenance claimed was

excessive.

2. The mother of the claimant examined herself as PW1.

No other evidence whatsoever was adduced. The learned Judge

of the Family Court, by the impugned order, directed payment of

an amount of Rs.2,000/- only per mensum to the child.

R.P.F.C.No.49/08 2

3. The petitioner claims to be aggrieved by the

impugned order. What is his grievance? Before me, it is argued

that the quantum of maintenance fixed is excessive. Though

other contentions were raised before the Family Court, no other

contentions are raised now.

4. Admittedly, the father has an income of about

Rs.12,000/- per mensum. He has no obligation to maintain his

wife as the wife – the mother of the petitioner herein, is able to

maintain herself by the salary which she receives. The petitioner

claimed that he has the liability to maintain his aged parents

also.

5. In any view of the matter, the direction issued by the

learned Judge of the Family Court to the petitioner, a person

getting a monthly income of Rs.12,000/- (and who is not liable to

maintain his wife now) to pay an amount of Rs.2,000/- per mens

um to his only child cannot be held to be incorrect, improper or

perverse as to justify the invocation of the revisional jurisdiction

of superintendence and correction to interfere with the same.

The quantum fixed, does appear to me to be absolutely

reasonable. At any rate, it does not warrant interference at the

R.P.F.C.No.49/08 3

instance of the petitioner herein. The claimant has not

challenged the said order and it is not necessary to make any

mention about such challenge, if any raised.

6. The learned counsel for the petitioner submits that

the petitioner has already moved the Family Court for the

custody of the child. The learned counsel for the petitioner

prays that any order passed in the present proceedings may not

fetter his claim for custody of the child. Needless to say, the

claim for custody of the child will have to be decided on its merit

and on the evidence to be adduced by the parties in such

proceedings.

7. This revision petition is accordingly dismissed.






                                                         (R.BASANT, JUDGE)


jsr    // True Copy//          PA to Judge


R.P.F.C.No.49/08    4


R.P.F.C.No.49/08    5


R.BASANT, J





 R.P.F.C.No.





    ORDER





  11/02/2008


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