IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 RPFC.No. 35 of 2006() --------------------- MC.95/2004 of FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT: --------------------------------------------- SANTHOSH, S/O.BHASKARAN, VELLIAYIKKOT HOUSE, KAIYYADATHODU, NADUVATTOM PO, ARAKKINAR, KOZHIKODE, BEYPORE. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): PETITIONERS: --------------------------------------- 1. BINDU, D/O.DIVAKARAN, KUNDAMPURATH HOUSE, NADUVATTOM PO, ARAKKINAR P.O. 2. DHRISYA (MINOR), REPRESENTED BY GUARDIAN/ MOTHER, IST RESPONDENT (BINDU). BY ADV. SRI.MANJERI SUNDERRAJ THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 07/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.1250/2006 IN RP(FC)NO.35/2006 DISMISSED 7/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 35 OF 2006 = = = = = = = = = = = = = = = Dated this the 7th day of January, 2010. J U D G M E N T This revision is preferred against the order of the Family Court, Kozhikode in M.C.95/04. It is an application filed for maintenance by the wife and daughter of the revision petitioner. The couple got married in 1999 and a child has been born in the wedlock. It is the case of the wife that the husband and the members of the family used to ill-treat her demanding dowry and ultimately she was sent away from the matrimonial home and thereafter the husband had not chosen to take any care to look after them. On the contra the husband would contend that the wife is of a quarreling nature and she wanted to live separately and therefore she used to pick up quarrels. The revision petitioner is looking after his mentally ill sister as well as the ailing mother and therefore she always wanted to be away from the matrimonial home. It is also contended that the wife is having a part time job of a R.P.(F.C.) NO. 35 OF 2006 -:2:- servant maid in two houses and she is getting about Rs.1,500/-. The learned Family Court Judge on an analysis arrived at a decision that there are reasonable grounds for the wife to live separately and awarded Rs.1,250/- to the wife and Rs.800/- to the daughter. It is against that decision the revision is preferred. 2. Heard. I had also gone through the pleadings and evidence available in the matter. The contentions of the wife are that she had been ill-treated which had forced her to be away from the matrimonial home. When at an young age that too with a child of 4 years no wife would like to leave the company of the husband unless there are compelling circumstances. She has no resources also to lead an independent life as well. Therefore her version appears to be more probable and just because the mother is unwell or the sister is mentally ill one cannot jump to the conclusion that she has created an atmosphere to go away from the house. Therefore the said findings does not call for any interference. R.P.(F.C.) NO. 35 OF 2006 -:3:- 3. The next question is regarding the quantum. The evidence is only oath against oath. It is the case of the wife that the husband is doing work of stitching beds and also profits from the immovable property. Nothing is brought out regarding the immovable property but the admission is only with respect to the existence of two coconut trees in the house. According to the husband he is only a bed stitcher and his income is only Rs.100/- per day and that too he may not get work on all days. Materials available would show that the ailing mother and mentally ill sister are residing with him and the brother of the revision petitioner is living in another house. So there is real necessity for the revision petitioner to look after his mother as well as the ailing sister. One cannot hold that every day this person will have work and that he can get Rs.6,000/- as income as found by the Family Court. So it has also to be understood that one may not be having work for all the 30 days and even if there is work only for 22 or 23 days. The income will be certainly in between Rs.4,000/- and Rs.4,500/-. The husband has to look after himself, his R.P.(F.C.) NO. 35 OF 2006 -:4:- mentally ill sister and ailing mother. They have also to be fed as well as medicines have to be purchased for their welfare. So taking care of the entire situation I feel this is a fit case where the maintenance awarded has to be reduced to Rs.1,000/- to the wife and Rs.600/- to the daughter. 4. Therefore the revision petition is disposed of by reducing the maintenance of the wife to Rs.1,000/- and that of the daughter to Rs.600/- and it shall have effect from 24.3.2004 onwards. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-