IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 400 of 2009()
1. ULLASAN,
... Petitioner
Vs
1. AMBILI, AGED 43 YEARS
... Respondent
2. ABHINANTH, AGED 12 YEARS, MINOR
For Petitioner :SRI.R.SATISH KUMAR
For Respondent :SRI.V.VENUGOPALAN NAIR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :21/01/2010
O R D E R
M.N. KRISHNAN, J.
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R.P.(F.C.) NO. 400 OF 2009
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Dated this the 21st day of January, 2010.
O R D E R
This revision is preferred against the order of the Family
Court, Kollam in C.M.P.634/07 in M.C.464/03. The wife and
child were awarded maintenance of Rs.750/- and 500
respectively as per order dated 11.2.2005 and just after a
period of two years they have moved the court for
enhancement of the amount fabulously. The Family Court
without properly analyzing enhanced it to Rs.2,000/- and
Rs.1,500/- from 31.3.2009 and it is against that decision the
husband has come up in revision.
2. I had perused the order passed by the Family Court
and considered the argument advanced by the learned counsel
for the parties. What is the real change of circumstance is not
clear from the order written by the Family Court. But there is
one change of circumstance known to everybody is the
escalation of cost of living now. The attempt of the husband
was to prove that 31 cents of land has been purchased by the
wife and there are rubber plantations and it is submitted that
R.P.(F.C.) NO. 400 OF 2009
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rubber trees are cut and removed. Actually there is no pin
pointed evidence on that regard. The evidence available is that
the husband is working abroad as a store keeper or so.
3. But, on the other hand it is submitted by the
husband’s side that he is only a casual labourer getting an
income of Rs.7,000/- Indian currency from the gulf country. It
is seen that he is employed in a foreign country for quiet a
number of years and the need of the wife and children has
gone up also. The order is directed to take effect from
31.3.09. Therefore at the rate of 20% per year an
enhancement of 80% of the award amount can be granted
which if worked out would come to Rs.1,350/- for the wife and
Rs.900/- for the child. Therefore I modify the order passed by
the Family Court and fix the rate of maintenance to the wife at
Rs.3,500/- and to the child at the rate of Rs.900/- with effect
from 31.3.2009. If any amount is paid that has to be given
credit to.
R.P.(F.C.) is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-