IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 RPFC.No. 377 of 2009() ---------------------- MC.1/2009 of FAMILY COURT, KASARGOD .................... REVISION-PETITIONER/RESPONDENT -------------------------------------------------- A.V.PRADEEP KUMAR, S/O.A.K.KRISHNA PODUVAL, AGED 34 YEARS, TEACHER, RESIDING AT 'GEETHALAYAM', VALIYAPOIL (P.O), THIMIRI VILLAGE, HOSDURG TALUK, KASARGOD-671313. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): PETITIONER ------------------------------------ SINDHU.C.K, W/O.A.V.PRADEEP KUMAR, D/O.K.RAGHAVAN NAIR, TEACHER, AGED 27 YEARS, TEACHER, RESIDING AT ERAMAM NORTH, ERAMAM VILLAGE & POST, (VIA) PAYYANUR, TALIPARAMBA TALUK. ADV. SRI.M.V.AMARESAN FOR R1 SRI.V.N.RAMESAN NAMBISAN FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 377 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Kasaragod in M.C.1/09. The Family Court directed to pay a maintenance at the rate of Rs.2,500/- to the wife from the date of order. It is against that decision the husband has come up in revision. 2. The unfortunate couple who are well educated are now at the doors of justice for getting maintenance to be paid by the husband to the wife. The husband is a lecturer and the wife is a person qualified to be a teacher. The documents produced here would show that the wife was also employed as a teacher on daily wages till January, 2008 and she has to get Rs.43,650/- as wages. Along with the memorandum of revision the husband has produced a document which would show that she is getting continuous employment from 1-6- 2009 also and therefore the counsel would submit she is not R.P.(F.C.) NO. 377 OF 2009 -:2:- entitled to maintenance. It can be seen from the materials available that her employment is only at the mercy of the authorities and it is almost a daily wages. In a case of this nature the Court cannot precisely say when it will end or it will continue. When a permanent lecturer comes then the daily wages may have to go and therefore that is also a matter that has to be considered by the Court. It is submitted by the learned counsel for the respondent that she had lost the job on 27.2.2010. So this is an oscillating phenomena so far as teachers in Kerala are concerned. If really one has lost job this order will not stand in the way for the reason it will be a change of circumstance u/s 127 Cr.P.C. But materials are available that even on the date of petition she had some job and she had derived some income. So taking stock of the situations I modify the amount of maintenance at the rate of Rs.2,000/- per month payable from the date of order and making it clear that it shall not stand in the way of both parties moving for varying of the order u/s 127 Cr.P.C. if circumstances changes. R.P.(F.C.) NO. 377 OF 2009 -:3:- In the result R.P.(F.C.) is partly allowed and a revised maintenance of Rs.2,000/- per month is fixed from the date of order with liberty for both the parties to move applications for variation of the order if there are change of circumstances. M.N. KRISHNAN, JUDGE. ul/-