IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 RPFC.No. 270 of 2009() ---------------------- MC.206/2008 of FAMILY COURT, KASARAGOD .................... REVN.PETITIONER/RESPONDENT: -------------------------------------- K.S.LAL, AGED 41 YEARS,S/O.SEKHARAN, KEENTHANANICKAL HOUSE,MANGOD, KOTTAMALA P.O. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): PETITIONERS -------------------------- 1. AMBIKA K., AGED 30 YEARS,D/O.LATE K.KUNHIRAMAN, R/AT AJAMVAYAL HOUSE,PULLUR P.O., ANANDRASRAM VIA. 2. NANDANA, AGED 6 YEARS,D/O.K.S.LAL AND AMBIKA, R/AT AJAMVAYAL HOUSE,PULLUR P.O., ANANDRASRAM VIA,REP.BY HER MOTHER IST PETITIONER. SRI.VIJAI MATHEWS(LEGALAID COUNSEL) THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.270 OF 2009 ............................................. Dated this the 6th day of April, 2010. O R D E R This revision is preferred against the order for maintenance passed by the Family Court, Kasaragod in M.C.No.206/2008. The wife was awarded Rs.1,500/= and the child Rs.750/= per month payable from the date of order. It is against that decision, the husband has come up before this Court. 2. It is the case of the wife that she was forced to leave the matrimonial home on account of the ill treatment ever since her marriage on 20.5.2001. On the other hand, the husband would contend that she had left the matrimonial home to a retreat center without any permission or knowledge of the husband and ultimately the law has to be set in motion to find out her whereabouts. The wife would categorise the husband as a very cruel man and the husband would state that the wife is a shrew which means a quarrelsome lady. 3. Picking up quarrels in matrimonial life is not an : 2 : R.P.(F.C).No.270 OF 2009 unusual phenomena but when it transgress the ordinary wear and tear of matrimonial life, it becomes a rupture. Now the couples are in a stage where the husband is even afraid of the wife stating that her conduct is very bad. Same is the quality of the wife towards the husband. Admittedly they have lived together and a child has been begotten and she is about six years old. It is true that the wife leaving for a retreat center without the permission of the husband is not a welcome practice. We have to consider the position of ladies in our Indian society. They are generally very tolerant and very rarely violent. A wife who is placed with a child normally cannot have any other life other than to look into the welfare of the child and in that process suffer the difficulties even if one has in the matrimonial life. Therefore, under ordinary circumstances a woman would not leave the company of the husband without proper reasons. Therefore, I find that there are grounds for the wife to live separately. 4. The next question is regarding the quantum. The learned counsel for the revision petitioner would argue before me that he is depending on his parents and is having : 3 : R.P.(F.C).No.270 OF 2009 chest pain. The court observed him to be of robest health. No document is produced to show that he is having any disability or ailment. The law contemplates a capable and healthy man to look after his wife. It is not a moral responsibility but a legal duty to maintain the wife. It is true that materials are lacking to fix the income of the husband. He is a 40 year old man and there is nothing to prove that he is incapable of doing even manual work. 5. So taking into consideration this aspect coupled with the present wage set up, I feel that a reasonable amount has to be ordered to be paid as maintenance. I refix the maintenance of Rs.1,300/= to the wife and Rs.700/= to the child payable from the date of order. 6. In the result, the RPFC is partly allowed by refixing the order of maintenance as Rs.1,300/= to the wife and Rs.700/= to the child per month payable from the date of petition. If any amount is paid or deposited, that shall be given credit to . Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : R.P.(F.C).No.270 OF 2009 : 5 : R.P.(F.C).No.270 OF 2009