IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Crl.MC.No. 3656 of 2011() ------------------------------------- CRMP.NO.1434/2010 IN M.C.NO.405/2009 OF FAMILY COURT, PALAKKAD .................... PETITIONER(S): ------------------------- SHAJU.V.K, S/O.KESAVAN, VARIYATH VALAPPIL VEEDU, ENKAKAD, THALAPPILLI TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.V.RAVI SRI.M.SUGADHA KUMAR RESPONDENT(S): ---------------------------- 1. BABITHA, D/O.MANI, KUNJARA VEEDU, PERUNKUNNAM, KUZHALMANNAM, PALAKKAD TALUK, PALAKKAD DISTRICT. 2. VARSHA, AGED 8 YEARS (MINOR) D/O.SHAJU, REPRESENTED BY HER MOTHER (GUARDIAN) SMT.BABITHA, KUNJARA VEEDU, PERUNKUNNAM, KUZHALMANNAM, PALAKKAD TALUK, PALAKKAD DISTRICT. 3. THRISHA, AGED 5 YEARS (MINOR) D/O.SHAJU, REPRESENTED BY HER MOTHER (GUARDIAN) SMT.BABITHA, KUNJARA VEEDU, PERUNKUNNAM, KUZHALMANNAM, PALAKKAD TALUK, PALAKKAD DISTRICT. 4. DEEKSHITH, AGED 3 YEARS (MINOR) S/O.SHAJU, REPRESENTED BY HIS MOTHER (GUARDIAN) SMT.BABITHA, KUNJARA VEEDU, PERUNKUNNAM, KUZHALMANNAM, PALAKKAD TALUK, PALAKKAD DISTRICT. 5. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 R1 TO R4 BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P R5 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3656/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE PETITION SEEKING MAINTENANCE FILED BY THE RESPONDENTS/PETITIONERS AS M.C.NO.405/2009 DATED 09/11/2009 BEFORE THE FAMILY COURT, PALAKKAD. ANNEX B COPY OF THE PETITION SEEKING INTERIM MAINTENANCE FILED BY THE RESPONDENTS/PETITIONERS AS CRL.M.P.NO.1434/2010 IN M.C.NO.405/2009 DATED 11/10/2010 BEFORE THE FAMILY COURT, PALAKKAD. ANNEX C COPY OF THE COUNTER STATEMENT DATED 17/06/2011 FILED BY THE PETITIONER/RESPONDENT IN M.C.NO.405/2009 BEFORE THE FAMILY COURT, PALAKKAD. ANNEX D COPY OF THE COUNTER STATEMENT DATED 17/06/2011 FILED BY THE PETITIONER/RESPONDENT IN CRL.M.P.NO.1434/2010 IN M.C.NO.405/2009 BEFORE THE FAMILY COURT, PALAKKAD. ANNEX E COPY OF THE SUSPENSION ORDER NO.R1-2688/11 DATED 02/05/2011 OF THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR. ANNEX F COPY OF THE APPLICATION DATED 28/07/2011 SENT BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT, 2005 TO BHAVAN'S VIDHYA MANDHIR SCHOOL, PALAKKAD. ANNEX G COPY OF THE LETTER DATED 03/08/2011 RECEIVED FROM BHAVAN'S VIDHYA MANDHIR SCHOOL, PALAKKAD. ANNEX H COPY OF THE ORDER DATED 27/07/2011 OF THE FAMILY COURT, PALAKKAD, IN CRL.M.P.NO.1434/2010 IN M.C.NO.405/2009. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 3656 OF 2011 (F) ------------------------------------------ Dated this the 22nd day of November, 2011 O R D E R The wife and three minor children approached the Family Court, Palakkad for various reliefs including maintenance. An application was filed for interim maintenance. The learned Judge, after considering all the aspects, directed the petitioner herein to pay maintenance to the wife and three minor children at the rate of Rs.1,500/-, Rs.1,000/-, Rs.1,000/- and Rs.750/-; a total of Rs.4,250/-. This petition is filed by the husband challenging the said order passed by the Family Court, Palakkad. The learned counsel for the petitioner submits that the petitioner, who was a Peon in the Excise Department, was subsequently suspended because a case was filed against him under section 498A of I.P.C. and also because petition was filed for maintenance etc. Crl. M.C. No: 3656 OF 2011 (F) -2- It is further submitted that the first respondent herein, the wife, is actually employed in Bhavan's Vidhya Mandir. But the learned counsel for R1 would submit that it is only a temporary employment and the period would expire in December, 2011. The learned counsel for the petitioner submits that an application was submitted for getting information under the Right to Information Act, but because it was not a Government school, the information regarding the salary was not furnished. In the circumstances mentioned above, it can be found that she is employed in Bhavan's Vidhya Mandir, but may be only till December, 2011. The learned counsel for the respondents would submit that even though the petitioner was placed under suspension he would be getting subsistence allowance as per the Rules. Besides he is also having landed property. Crl. M.C. No: 3656 OF 2011 (F) -3- According to the respondents there is a rubber estate having an extent of about two and a half acres. That is denied by the learned counsel for the petitioner stating that though there is a property it is not rubber estate and that the property is jointly owned by his mother and sisters. Whatever that be, the liability of the husband to maintain his wife and children cannot be denied. Even if he is not having any permanent employment he is bound to maintain his wife and children by doing, even manual labour. The learned counsel for the petitioner submits that considering the fact that the wife is employed, the interim maintenance awarded to the wife may be avoided. Even if it is assumed that the first respondent is employed, the liability of the husband to give maintenance cannot be totally avoided unless there is evidence that she is able to maintain herself with the amount she gets. Crl. M.C. No: 3656 OF 2011 (F) -4- No interference is called for regarding the maintenance awarded to the three children. So far as the claim of the wife is concerned, I find that maintenance awarded to the wife can be reduced to Rs.750/- per month. But it is made clear that if the first respondent ceases to be an employee of Bhavan's Vidhya Mandir, she can again approach the trial Judge for getting the maintenance enhanced. Till then, interim maintenance awarded to the wife shall be at the rate of Rs.750/- per month. Except to the extent indicated above, no modification is allowed. This petition is disposed of accordingly. The first respondent wife is permitted to withdraw the amount of maintenance deposited by the petitioner herein before the Court below. N.K. BALAKRISHNAN, JUDGE jjj