IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 RPFC.No. 14 of 2005() ------------------------------- MC.22/2004 of THE FAMILY COURT, KOZHIKKODE .................... APPELLANT(S)/RESPONDENTS NO. 3: --------------------------- SURESH BABU, S/O. GOPALAN, AGED 37 YEARS, RESIDING AT PATTATT, KANNANKARA AMSOM AND POST, KANDANNUR DESOM, KOZHIKODE TALUK, KAKKUR POLICE LIMIT. BY ADVS. MR.P.SANJAY MR.A.PARVATHI MENON RESPONDENT(S): PETITIONER AND RESPONDENT 1 AND 2 ---------------------------- 1. M.P.GOPALAN, AGED 74 YEARS, S/O. CHANDAPPAN, KOZHAKKE THODUKAYIL HOUSE, KANNANKARA AMSOM AND POST, KANDANNUR DESOM, KOZHIKODE TALUK (KAKKUR POLICE LIMIT). 2. M.RAMA, AGED 44 YEARS, W/O. SREEDHARAN, RESIDING AT PUTHIYOTTIL, KANNANKARA AMSOM AND POST, KANDANNUR DESOM, KOZHIKODE TALUK (KAKKUR POLICE LIMIT). 3. SHYAMALA , 40 YEARS, W/O. SIVADASAN, RESIDING AT THEKKU VEETTIL, PULI BAZAR, KUMARA SWAMI ROAD, THAMARASSERY AMSOM DESOM, P.O. CHELANNUR, KOZHIKODE TALUK, KAKKUR POLICE LIMIT. ADV. SRI.P.CHANDRASEKHAR FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss ORDER ON C.M.APPL. NO.1936/2005 IN RPFC. NO.14/2005 DISMISSED 22/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.14 OF 2005 ............................................. Dated this the 22nd day of January, 2010. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.No.22/2004. A 74 year old father at the time of the petition had filed a case for maintenance against his two daughters and a son. Of this, the first daughter namely Rema is a house wife and the other daughter and the son are teachers. The family court on a consideration of the materials directed the teacher children to pay maintenance at the rate of Rs.1,000/= each. It is against that decision, the two children have come up in revision before this Court. 2. Heard. A society nurtured under the ancient heritage and culture of the great Bharat has dwindled down and one has reached a situation where the aged father has to come to the court for getting maintenance. Parents may be at fault but Indian society always consider it as a paramount duty of the children to took into the welfare of the parents. Now to the facts of the case. : 2 : R.P.(F.C).No.14 OF 2005 3. The father is aged 74 years at the time of the petition and he was not having any avocation but was suffering from accute diabetics and old age. It is his case that he is a tuberculosis patient as well but materials are not very much there in support of the same. The father was running a ration shop and the grievance of the children are that he is a chronic drunkard who had abandoned the wife and children and the children have to depend solely on the mother to come up in life. A father who is aged not having the company of anybody is certainly expected to get at least something from the children for maintenance. Therefore his entitlement to claim maintenance cannot be disturbed at all. 4. Now turning to the quantum. The two children namely Shyamala and Suresh Babu are teachers working in schools and they are having their own family. Suresh Babu has also deposed that he had taken house loan and has to pay a sizable amount as instalment for the loan taken. He has also to look after his wife and children. So also the daughter has to look after her husband and children, at the same time they cannot forget about the father who had : 3 : R.P.(F.C).No.14 OF 2005 given birth to them and therefore the social and moral obligation enforced by law has to be complied with and fulfilled. 5. Considering the specific difficulties explained in the evidence regarding loan, repayment etc, I am inclined to show leniency by reducing the quantum of maintenance from Rs.1,000/= to Rs.800/= each per month to be paid by Syamala and Suresh Babu. In the result, the revision petition is disposed of by reducing the amount of maintenance from Rs.1,000/= to Rs.800/= each per month and respondents 2 and 3 in the maintenance case are directed to pay the said amount to the petitioner. I feel and hope that better wisdom will prevail on the children as well as on the father for a reunion so as to at least make the life of the father comfortable and happy at the late evening. M.N. KRISHNAN, JUDGE cl : 4 : R.P.(F.C).No.14 OF 2005