IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 RPFC.No. 22 of 2009() --------------------- MC.246/2008 OF THE FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT IN M.C.NO.246/08 ------------------------------------------------------------------- P.UNNIKRISHNAN, AGED 48 YEARS, S/O.KUNHIKRISHNA POTHUVAL, PADINHARAPPATTUPOTHUVATTIL, CHUNDUVALATHOOR, SHORNUR P.O. BY ADV. SRI.C.P.SAJI RESPONDENT(S): RESPONDENT IN M.C.NO.246/08 ------------------------------------------ K.N.SUBHADRA, AGED 42 YEARS, D/O.SREEDHARAN NAMBOOTHIRI, KARIKKADUMARATH VEEDU, KARIKKADU, THRIKKALANGODU P.O., MANJERI. ADV. SRI.P.SAMSUDIN FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 16/03/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- R.P.(F.C)No. 22 OF 2009 --------------------------------- Dated this the 16th day of March, 2009 O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C. 246/2008. The Post graduation with B.Ed degree is the qualification of the wife and the husband it is submitted is not so qualified. But even going by the admitted facts, the husband is having an income of Rs. 4,500/- per month plus D.A of Rs. 30/- per working day. The unfortunate couple after the initial happiness in life have fallen out and are before the courts of law without any finality. They started with a maintenance case, later a restitution of conjugal rights, another divorce and again a maintenance case. In the early maintenance case proceedings, the husband was directed to pay Rs. 1,000/- to the child and when petition for restitution of conjugal rights came up for hearing there was an understanding between the two to live together which did not last for a long time, again separated. The husband then moved an application for divorce alleging cruelty which ended in dismissal. Now as I stated earlier, time R.P(F.C) No. 22/2009 -2- has come for both this matured husband and wife to re-think what has to be done in life and not to fight for silly causes just like the young couples. One has always to realise that a matrimonial life necessarily will have wear and tear and when it exceeds a percentage then only matrimonial brake down will come. The institution of marriage is not the only pivotal force for the couple. It is a social security for the society and that is why the retention of matrimonial relationship is always considered to be sacrosanct. But unfortunately in this age of atomic speed personal relations are often disrupted for no valid reason at all. I feel in this case also, wisdom should prevail and family members who interferes, must been in a position to make a permanent solution atleast when they are middle aged couple. 2. Now going to the facts of the case. The wife is living now separately from the husband and she is legitimately doing so for the reason that the husband has attributed cruelty to her. In Indian society women cannot withstand that type of allegations and normally it is the other way which we find in matrimonial cases. I am not dealing in detail for the reason that still I have R.P(F.C) No. 22/2009 -3- got a faint hope that this matrimonial relationship can be sustained by the intervention of good people. I now only turn on to decide the question of quantum of maintenance in this case. The wife is a highly qualified person but not an employed person and she has to make both ends meet and her educational qualification with status would compel her to lead a reasonable life. The husband on the contra is in the business circle as an employee and he has a mother to be looked after over and above and an unmarried ailing sister and himself. He is already burdened to pay a sum of Rs. 1,000/- to the child, which is submitted as being paid regularly. I am conscious of the fact that when I reduce the amount of maintenance to the wife it is not because it is done on account of the excessiveness of the amount but because of the inability of the husband. Under Section 125 of the Crl.P.C, the means of the husband is a criteria for fixing the quantum. Even going through the documents which is shown to me his salary is Rs. 4,500/- and even if works for 25 days in a month, his D.A would come to Rs. 750/- which when worked out would come to Rs. 5,250/-. He has to look after his R.P(F.C) No. 22/2009 -4- old mother, himself and the ailing sister besides incurring of the expenditure for his journey and other purposes. so if a sizable portion of the salary is paid to the wife as the maintenance then the other dependents of the husband would be in peril and starvation. Therefore in order to strike a via media the only possibility is to reduce the maintenance to wife to Rs. 1,500/- so that along with the child she gets Rs. 2,500/-. The husband also will have only an equal amount to look after other two. 3. So from these discussions, I modify the order of the Family Court and fix the maintenance to the wife at Rs. 1,500/- per month from the date of petition. Even while closing I still appeal to the conscience of the two to try for a unified life atleast thinking about the welfare of the child who has no role to play in their fight. The R.P(F.C) is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm