High Court Kerala High Court

Vasudevan vs Anitha on 24 July, 2008

Kerala High Court
Vasudevan vs Anitha on 24 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 233 of 2008()



1. VASUDEVAN
                      ...  Petitioner

                        Vs

1. ANITHA
                       ...       Respondent

                For Petitioner  :SRI.T.RAJESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :24/07/2008

 O R D E R
                            R.BASANT, J
                         ----------------------
                      R.P.F.C.No.233 of 2008
                   ----------------------------------------
               Dated this the 24th day of July 2008


                              O R D E R

The petitioner in this R.P.F.C assails an order passed under

Section 125 Cr.P.C obliging him to pay maintenance at the rate

of Rs.1,000/- per mensum to the second claimant admittedly his

minor child. The claim of the first petitioner/wife under Section

125 Cr.P.C was turned down by the Family Court.

2. Marriage is admitted. Paternity is admitted.

Separate residence is not disputed. What then is the contention

regarding the claim of the minor child? The learned counsel for

the petitioner only submits that the quantum of maintenance

awarded is excessive.

3. There is a dispute about the nature of employment

about the petitioner. Be that as it may, the amount presently

ordered – Rs.1,000/- per mensum is perfectly justified even

assuming that the petitioner has no employment whatsoever and

he is just an able bodied person. He is expected to work, earn

his livelihood and support his child. In any view of the matter, I

am satisfied that the quantum of maintenance fixed does not

R.P.F.C.No.233/08 2

warrant interference invoking the revisional jurisdiction of

superintendence and correction vested in this court.

4. This petition is accordingly dismissed.

(R.BASANT, JUDGE)

jsr

R.P.F.C.No.233/08 3

R.BASANT, J

R.P.F.C.No.

ORDER

11/02/2008