IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 RPFC.No. 146 of 2009() ---------------------- MC.465/2007 of FAMILY COURT, PALAKKAD .................... PETITIONER/RESPONDENT: ----------------------------------------- CHANDRAN, S/O.PERACHAN, KUNDILCHOLAYIL HOUSE, PERASSANNUR (PO), TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): RESPONDENT: --------------------------------------------------- SREEMATHI, D/O.PARAMBATH VEETTIL PARANGODAN, CHEMBULANGAD DESOM, CHERUKUNDANGAD AMSOM, (PO) CHERUKUNDANGAD, OTTAPALAM TALUK, PALLIPPURAM, PATTAMBI, PALAKKAD. BY ADVS. MR.SANTHEEP ANKARATH, SMT.P.JAYALAKSHMI. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.3883/2009 IN RP(FC) NO.146/2009 DISMISSED 16/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.146 OF 2009 ............................................. Dated this the 16th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Palakkad in M.C.No.465/2007. The court below directed the husband to pay maintenance at the rate of Rs.1,500/= per month to the wife from the date of petition. It is challenging that decision, the husband has come up in revision. 2. Heard the learned counsel for both sides. Now the main thrust of the argument is incapacity of the husband to pay the amount. It is submitted that the husband is suffering from rheumatism which precludes him from doing work. It is true that the documents were not produced before the family court. But when the learned counsel for the revision petitioner offered to submit those documents for perusal, I just had a glance of the same being fully conscious of the fact that legally it cannot be looked into. But there is admission by the wife that the husband was treated for rheumatism. Rheumatism is an ailment which : 2 : R.P.(F.C).No.146 OF 2009 affects the joints and in many cases it bites the heart. I am conscious of the fact that materials are not available to show the gravity of Rheumatism. But certainly the said ailment will preclude a person from doing very hard work. There is nothing to show that he was a contractor or he is a contractor. 3. Then going to the factum of a manual labourer. This disease may handicap him at least to a limited extent. Therefore taking into consideration all those aspects and striking the balance between the necessity and capacity, an amount has to be fixed which I fix at Rs.1,000/= in stead of Rs.1,500/=. 4. In the result, the revision is partly allowed and the order of maintenance is reduced from Rs.1,500/= to Rs.1,000/= payable from the date of petition. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : R.P.(F.C).No.146 OF 2009 : 4 : R.P.(F.C).No.146 OF 2009