IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 RPFC.No. 488 of 2007() ---------------------- M.C.No.191/2007 OF THE FAMILY COURT, MALAPPURAM .................... : REVISION PETITIONER/RESPONDENT ----------------------------------------------- MUHAMMEDKUTTY, S/O.ALAVI, AGED 60 YEARS, KODAKKAD POST, BEEVI PADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENTS: PETITIONER ----------------------- AYISHUMMA, S/O.KOYAMOIDEENKUTTY, MANGALASSERI, KODAKKAD POST, CHETTIPADY VIA., MALAPPURAM DISTRICT. PIN - 676 319. BY ADV. SRI.K.K.MOHAMED RAVUF THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.No.488 of 2007 ---------------------------------------- Dated this the 6th day of February 2008 O R D E R This revision petition is filed by the petitioner against a direction issued under Section 125 Cr.P.C to pay maintenance at the rate of Rs.1,500/- per mensum to his old and ailing mother aged 86 years. The relationship and the status are admitted. The claimant tendered evidence as PW1. The petitioner examined himself as RW1. Exts.D1 and D2 were marked. The claimant has only two children. The petitioner is the only son. The other child, daughter is admittedly only a house wife having no income of her own. The claimant asserted that she is unable to maintain herself and that the petitioner having sufficient means is refusing and neglecting to maintain her. The petitioner admitted separate residence. He does not assert that he is making any payment to his aged mother. However, he raises a contention that he is willing to maintain her, if she is willing to reside with him. The claimant further took up a plea that the petitioner has landed properties and income therefrom. On the evidence available, the learned Judge of the Family Court came Crl.R.P.No.488/07 2 to the conclusion that the claimant has no income whatsoever. The learned Judge further took note of the fact that purchase certificate was obtained describing the claimant to be a woman of unsound mind and that the petitioner is the guardian of the claimant. There is significant absence of evidence to show that the claimant has any income or means. In these circumstances, I am of the opinion that the courts below committed no error in coming to the conclusion that the claimant is unable to maintain herself. 2. On the showing of the petitioner himself as RW1, he does have a business and has liability to be discharged in respect of such business. He admittedly availed a loan to run such business. He is aged about 55 years. 3. The learned Judge of the Family Court from these relevant inputs available came to the conclusion that the petitioner herein is having sufficient means and that, at any rate, he is liable to pay an amount of Rs.1,500/- per mens um to the claimant, his mother. 4. I am unable to find any vice vitiating the impugned order. The conclusion that the claimant is unable to maintain Crl.R.P.No.488/07 3 herself and that the petitioner can be directed to be paid an amount of Rs.1,500/- per mensum are all found by me to be absolutely reasonable, just and fair. No revisional interference is in these circumstances warranted. 4. This revision petition is in these circumstances dismissed. Needless to say, any amount lying in deposit shall be released forthwith to the petitioner by the learned Judge of the Family Court. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.R.P.No.488/07 4 Crl.R.P.No.488/07 5 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006