IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 RPFC.No. 35 of 2005() ------------------------------- MC.373/2003 of FAMILY COURT, THIRUVALLA. .................... PETITIONER/COUNTER PETITIONER. ----------------------------------------------------- SADASIVAN PILLAI, MUNDACKAL THAZHEVEETTIL, EDAMAN, CHETHACKAL VILLAGE, RANNI TALUK. BY ADV. MR.V.PHILIP MATHEW RESPONDENTS/PETITIONERS: --------------------------------------------- 1. OMANA SADASIVAN PILLAI, W/O.SADASIVAN PILLAI, MUNDACKAL THAZHEVEETTIL, EDAMAN, CHETHACKAL VILLAGE. RANNI TALUK. 2. SOUMYA (MINOR) -DO-. 3. SATHEESH (MINOR), -DO-. BY ADV. MR.S.SANTOSH KUMAR (PERUNAD) THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RPFC.No. 35 of 2005 ORDER ON CRL.MA.NO.3065/2005 IN RPFC NO.35/2005 DISMISSED 18/02/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 35 OF 2005 = = = = = = = = = = = = = = = Dated this the 18th day of February, 2010. O R D E R This revision is preferred against the order of the Family Court, Thiruvalla in M.C.373/03. It was an application filed for enhancement of maintenance by the wife and children and the Family Court enhanced the maintenance at the rate of Rs.800/- to the wife and Rs.750/- each to the children. It is against that decision the husband has come up in revision before this court. 2. As per the original proceedings which was initiated as M.C.25/92 the wife was ordered a maintenance of Rs.250/- and the children at Rs.200/- each. The children were only aged 4 years and three years at the time of the institution of these proceedings. Now it is submitted that there is no source of income for the wife, children have grown up and they are attending senior classes and the cost of living has also increased very much and so a revision is necessary with respect to the maintenance. R.P.(F.C.) NO. 35 OF 2005 -:2:- 3. The solitary document that is available in the case bundle is only the salary certificate of the husband which indicates that he had a consolidated salary of Rs.5,093/- out which a deduction of Rs.2,261/- is made. The contribution of Provident Fund is obligatory only to a limited percentage and a person may put more amount in the Provident Fund and thus deprive a person entitled to claim maintenance by reduction of the amount. Therefore it has to be held that the mere deduction of so much amount is not a criteria. But even if 6% compulsory P.F. amount is deposited the amount would be Rs.3,222/- and it is seen that he has to maintain his parents besides himself. Therefore taking into consideration all these aspects together I feel the reasonable enhancement of maintenance would be Rs.700/- to the wife and Rs.600/- each to the children. 4. Therefore the R.P.(F.C.) is disposed of by modifying the order of maintenance from Rs.800/- to the wife, Rs.750/- each to the children to Rs.700/- to the wife and Rs.600/- each to the children. The order shall take effect from the date of R.P.(F.C.) NO. 35 OF 2005 -:3:- petition. If any amount is already paid that may be given credit to. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-