IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 RPFC.No. 361 of 2008() -------------------------------- M.C. NO.3/2008 OF FAMILY COURT, MALAPPURAM ................... REVISION PETITIONER/RESPONDENT ------------------------------------------------------ SAKEER HUSSAIN, S/O.LATE MOIDEEN, AGED 34 YEARS, PATTERIKUNNATH KATTIL HOUSE, NANNAMBRA, TIRURANGADI, MALAPPURAM DISTRICT, REP. BY ITS POWER OF ATTORNEY HOLDER, ABU SUBAIR P.K., S/O.MOHAMMEDKUTTY HAJI, PATTERIKUNNATH KATTILHOUSE NANNAMBRA,TIRURANGADI, MALAPPURAM DISTRICT. BY ADV. MR.K.P.SUDHEER RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. SAMEERA, D/O.KUNHEETHU, VALIYAKANDATHIL HOUSE, KODINHI POST, TIRURANGADI, MALAPPURAM DISTRICT. 2. UMMU HANI, D/O.SAMEERA, -DO- -DO- 3. UMMU HAIMAN, D/O.SAMEERA, -DO- -DO- ADV. SMT.SANGEETHA LAKSHMANA FOR R1 TO R3 THIS REV.PETITION (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05/03/2009, ALONG WITH RP(FC) NO.82/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.N. KRISHNAN, J ----------------------- R.P(F.C)No. 361 OF 2008 & R.P(F.C)No. 82 OF 2009 --------------------------------- Dated this the 5th day of March, 2009 O R D E R R.P.(F.C) 361/2008 is a revision petition filed by the husband against the order of the Family Court, Malappuram, whereby the court has directed him to pay an amount of Rs. 2,000/- as maintenance to the wife. The other petition is filed by the wife against the same order claiming enhancement of the amount of maintenance. 2. Heard the learned counsel for both the petitioners who had really applied their entire mind to the facts of the case and the suggestions made by this court in order to find out a solution in this case. The Family Court held that the pronouncement of Talauq was not proper and therefore did not agree with the case of divorce and therefore granted maintenance. From the revision petition filed by the husband it can be seen that at any rate the Talauq was pronounced in accordance with law on 23.4.2008. So in other words it can be seen that without going to the other allegations one can restrict the right of maintenance claimed by the wife up to 23.4.2008. The Family Court has ordered a R.P(F.C)No. 361/2008 & R.P(F.C)No. 82/2009 -2- reasonable amount of Rs. 2,000/- which I do not think requires any modification. So far as the children are concerned, they are young school going children and has been brought up in an atmosphere where they have enjoyed certain facilities and unfortunately the parents have separated and the children are the real sufferers. It has to be stated an amount of Rs. 700/- and Rs. 600/- as maintenance to the children is inadequate because of the growing needs and necessity. I feel it is a fit case where the maintenance can be enhanced by Rs. 1,000/- each. In the result, both the revision petitions are disposed of as follows: 1. It is ordered that the wife shall be entitled to maintenance at the rate of Rs. 2,000/- from the former husband from the date of petition till 23.4.2008. 2. The children are entitled to a maintenance at the rate of Rs. 1,000/- each per month from their father from the date of petition. The R.P(F.C)s are disposed of accordingly. M.N. KRISHNAN, JUDGE vkm