IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 448 of 2007()
1. T.MUHAMMEDALI SHIHAB,
... Petitioner
Vs
1. SABEENA P., D/O.ASSAINAR, A.P.K.,
... Respondent
2. SANABAS, AGED 2 YEARS, (MINOR)
3. STATE OF KERALA, REP. BY PUBLIC
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :09/03/2010
O R D E R
M.N.KRISHNAN,J.
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R.P.(FC).No.448 OF 2007
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Dated this the 9th day of March 2010.
O R D E R
This revision is preferred against the order of
maintenance passed by Family Court Kasaragod in
M.C.No.132/2006. The wife and son moved an application
for maintenance against the revision petitioner and has been
directed to pay Rs.2,500/- as maintenance to the wife and
Rs.500/- to the child. It is against that decision the husband
has come up in revision. So far as it relates to separate
living is concerned the husband was very uncharitable to
the wife and is making allegations of unchastity. Throwing
the allegation of unchastity of wife without proof itself
amounts to cruelty and gives a ground for the wife to live
separately from the husband. Therefore I do not propose to
interfere with the said finding of the Family Court regarding
reasons for separate living.
R.P.(FC).No.448 OF 2007 2
2. Now to the quantum. Really there is no clear
evidence to fix the quantum. The husband had produced
one document Ext.D1 which is a basic tax receipt in the
name of wife. The Family Court simply does not believe it.
There was duty cast upon the wife to explain the same and
show that she is not having any property at all and that
the document cannot be accepted. Equally is the husband
who admittedly is a person dealing with books. The wife
would contend that he is working in a managerial cadre
with Avanthi Books, whereas the husband would deny the
same. He is dealing with books is admitted. Even otherwise
a 25 year old man who is healthy, morally and legally is
bound to maintain his wife and son. He cannot escape from
that liability. It is also to be remembered that when
quantum is fixed the capacity of the husband to pay also has
to be considered to strike a balance between necessity and
capacity. So considering the materials available, the age of
the person and other circumstance, I feel, it is just and
sufficient if maintenance is ordered at the rate of Rs.1,500/-
R.P.(FC).No.448 OF 2007 3
to wife and Rs.500/- to child, both payable from the date of
petition, namely, 17.7.06. If any amount is paid or credited
that shall be given credit and balance need be paid.
The R.P.F.C is disposed of accordingly.
M.N.KRISHNAN,JUDGE.
mns