IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 RPFC.No. 352 of 2008() ----------------------------------- M.C.NO.107/2007 OF FAMILY COURT, KOZHIKODE. REVISION PETITONER:RESPONDENT: ------------------------------------------------------------- MANOJ KUMAR, S/O.VASUDEVAN NAIR, 'KOMALA NIVAS', NAIRKUZHI P.O., POOLAKKODE VILLAGE, ERIMALA DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): PETITIONER: ----------------------------------------------- SREEJA, D/O.BALARAMAKURUP, AMBOLI POYIL HOUSE, MARIKKUNNU P.O., CALICUT- 12, MENTALLY ILL PERSON. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - R.P.F.C.No. 352 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008 O R D E R The petitioner in this revision petition assails an order passed under Section 125 Cr.P.C. obliging him to pay maintenance at the rate of Rs.1,000/- p.m. to the claimant, his wife. 2. The impugned direction forms part of a common order. Marriage is admitted. But there is a contention that the marriage is null and void for the reason that the wife was not mentally sound at the time of the marriage. The application for maintenance was disposed of along with that application for declaration for nullity of marriage. That application was filed by the petitioner herein, which was dismissed under the impugned common order. Against the dismissal of that petition for declaration for nullity of marriage, an appeal is already filed, it is submitted. 3. The first submission is that as an appeal against one part of the order has already been filed, this revision petition may also be admitted. I find no merit in the said contention at all. Admittedly the -: 2 :- marriage had taken place. The petition for declaration for nullity of marriage has been dismissed. I shall assume that the prayer may be allowed in the appeal. Even then till the date of such declaration for nullity of marriage, the petitioner must be held to be liable to maintain his wife, if otherwise he is liable. In these circumstances the request that the challenge against both parts of the common order may be taken up together for consideration is found to be without any merit. 4. Marriage is admitted and declaration for nullity of marriage is prayed for. There is no offer to maintain the wife on condition that she lives with him. There is no contention or evidence that the wife is not unable to maintain herself. The quantum of maintenance directed to be paid is Rs.1,000/- p.m. 5. The petitioner claims to be aggrieved by the impugned order. What is the grievance? I have already dealt with the first contention that the marriage is null and void and hence the petitioner is not liable to pay maintenance. The rationale of Section 125 Cr.P.C. is that vagrancy should not drive the destitute wife to hunger. The possibility that the petition for declaration for nullity of marriage -: 3 :- may be allowed cannot, at any rate, deny the claimant/wife her right for maintenance till such declaration for nullity is obtained. 6. The only other contention to be considered is that thequantum of maintenance awarded is excessive. An amount ofRs.1,000/- p.m. is awarded. I shall assume that the claimant/wife has not succeeded in proving the precise income of the petitioner or his assets in the form of landed properties. I reckon him as just an able bodied person. Even so reckoned the quantum of maintenance awarded can never be said to suffer from any vice, which demands invocation of the revisional jurisdiction of superintendence and correction. Going by the meager indications available about the means of the petitioner and the needs of the claimant/wife, the quantum fixed must be said to be eminently reasonable. At any rate, it does not warrant revisional interference. The challenge raised is hence rejected. 7. This revision petition is dismissed. (R. BASANT) Judge tm