IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 RPFC.No. 3 of 2006() --------------------------- MC.394/2003 of THE FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT: ----------------------------------- MUHAMMED SALIK, AGED 27 YEARS, S/O. ALIKOYA, KODIPARAMBATH THAZHAM, POOVATTUPARAMB, KOZHIKODE, NALLALAM PSL. BY ADV. MR.K.M.FIROZ RESPONDENT(S): -------------------------- VALIYAKATH SOUDABI, AGED 23 YEARS, D/O. USMAN, VALIYAKATH HOUSE, CHAKKERIKKAD PARAMB, ARAKKINAR P.O., BEYPORE, BEYPORE PSL. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO. 38/2006 IN RPFC. NO.3/2006 DISMISSED 05/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 3 OF 2006 = = = = = = = = = = = = = = = Dated this the 5th day of January, 2010. J U D G M E N T This is an appeal preferred by the husband against the order directing him to pay Rs.1,500/- as maintenance to the wife. The unfortunate couple got married and the matrimonial relationship subsisted for a period of six months. It is the case of the wife that the mother of the husband started demanding dowry and used to illtreat her and did not provide her any food thus making her life miserable. According to her she tolerated the same for a period of six months and on account of unavoidable circumstances left the matrimonial home. The husband would contend the wife on her on accord had left the house. When the evidence of the wife and husband are weighed it can be seen that the case spoken to by the wife appears to be more probable and acceptable and therefore she had the reason to live separately from the husband. So far as the quantum is concerned the husband admittedly is only a coolie. Though it is submitted that the wife is having some R.P.(F.C.) NO. 3 OF 2006 -:2:- other work it is not proved. One may not get labour work on all the days in a month and wage rate per day varies from Rs.100 to 200 in different parts of the State. So taking into consideration the entire circumstances and also the fact that the husband has to maintain himself and the mother I feel in the fitness of things the amount can be reduced by Rs.200/- thereby making the payable amount at Rs.1,300/-. Therefore the revision is partly allowed and the husband is directed to pay a maintenance of Rs.1,300/- to the wife from 3.11.2003. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-