IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 RPFC.No. 131 of 2008() -------------------------------- MC.768/2006 of FAMILY COURT, PALAKKAD .................... REVISION PETITIONER/RESPONDENT ----------------------------------- C.K.JAYAKRISHNAN, S/O.KUTTU, CHATHANKANDAM, MANKARA AMSOM, PALAKKAD. BY ADV. MR.K.ANAND RESPONDENT(S): PETITIONER & STATE --------------------------- 1. ANILA, AGED 27 YEARS, W/O.JAYAKRISHNAN, EDAKKADU PADI, CHAMPRAKULAM, KOTTAYI, ALATHUR TALUK, PALAKKAD. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. MR.BINOY VASUDEVAN THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ONCRL.MA. NO.4647/2008 IN RP(FC). NO.131/2008 DISMISSED 17/02/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.131OF 2008 ............................................. Dated this the 17th day of February, 2010. O R D E R This revision is preferred against the order of the Family Court, Palakkad in M.C.No.768/2006. The wife moved an application for maintenance and the court below has ordered maintenance at the rate of Rs.1,000/=. Aggrieved by the same, the husband has come up in revision. 2. It is the case of the respondent that the husband and the members of his family had started treating her with cruelty immediately after the marriage and therefore she was forced to leave the matrimonial home. The husband on the other hand would contend that the wife was not even responsive to his needs and she was not obedient and she had left the home of her own accord. It is seen from the evidence of PW1- the wife that she had moved an application before the police for harassment and that the husband has been called to the police station. The husband would admit that he had endorsed in the register that he will not ill treat her, demand dowry and that he will look after : 2 : R.P.(F.C).No.131OF 2008 her properly. This shows that the matrimonial life of the wife was not happy. It is also submitted by the wife that after the reconciliation, she went back but the problems restarted and that lead her to leave the matrimonial home. Therefore, I hold that there are sufficient reasons for the wife to live separately. 3. Now turning to the quantum. Though it is contended by the husband that the wife is employed in a textile shop at Palakkad, no materials are forthcoming to prove her avocation. So far as the husband is concerned, he submits that he is working in a hotel at Coimbatore. According to him, his daily income is Rs.70/=. He has spoken in evidence that one of his brothers had fallen from a coconut tree and he has got a 71 year old mother. On account of the fall from the tree, the brother is also depending upon him. There is no evidence to show the total income of the husband. 4. Therefore taking note of the entire situation, I feel that it is a fit case where the order of maintenance can be reduced from Rs.1,000/= to Rs.850/= and the husband is directed to pay Rs.850/= as maintenance to wife. : 3 : R.P.(F.C).No.131OF 2008 5. In the result, the revision petition is disposed of by reducing the maintenance from Rs.1,000/= to Rs.850/= and the husband is directed to pay the same from the date of the petition. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : R.P.(F.C).No.131OF 2008