IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 RPFC.No. 78 of 2008() ------------------------------- MC.409/2006 of THE FAMILY COURT, PALAKKAD .................... REVISION PETITIONER (S)/COUNTER PETITIONER -------------------------------------- HUSSAIN, S/O.MUHAMMEDALI, AGED 32 YEARS, KOTTEKKADU VEEDU, CHANTHAPPADI, MANNARKKAD (P.O). BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): PETITIONERS -------------------------- 1. SOUDHA, D/O.MUHAMMED, AGED 25 YEARS, KUTTIKKODAN VEEDU, PERIMBADARI, MANNARKKAD. 2. SHAFEEK, MINOR, S/O.HUSSAIN, AGED 8 YEARS. 3. SHAMEEM, MINOR, S/O.HUSSAIN, AGED 5 YEARS, (RESPONDENTS 2 AND 3 ARE REPRESENTED BY THEIR MOTHER, IST RESPONDENT). ADV. SRI.RAJESH SIVARAMANKUTTY FOR RPTS. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO.2650/2008 IN RP(FC) NO.78/2008 DISMISSED 19.02.2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P(F.C.) NO. 78 OF 2008 = = = = = = = = = = = = = = = Dated this the 19th day of February, 2009. O R D E R This revision is preferred against the order of maintenance passed by the Family Court, Palakkad in M.C.409/06. The petitioners are the wife and children of the revision petitioner. The revision petitioner married the first respondent herein on 21.3.99 and two children were born to them in the wedlock. It is averred that the husband has abandoned the wife and children and is in gulf country earning a sum of Rs.25,000/- and therefore had claimed a maintenance of Rs.1,000/- each for all of them. 2. Respondent, on the other hand, would contend that he has not misappropriated any gold ornaments of the wife and the wife went away to attend the funeral of her uncle and thereafter did not return to the matrimonial home. He is only having a monthly income of 400 Riyals equivalent to Rs.4,300/- and therefore prays for an order in that line. R.P(F.C.) NO. 78 OF 2008 -:2:- 3. The Court below after considering the materials awarded a maintenance of Rs.1,000/- each to all the petitioners from the date of petition. Admittedly, the revision petitioner is working abroad. According to him he is running a mess. It is also his case that his monthly earning is only 400 Riyal equivalent to Rs.4,300/-. 4. The wife, on the other hand, would contend he is having a monthly income of Rs.25,000/-. There are no concrete materials before the Court to show the income of the husband but one thing is definite that he is working abroad and his income cannot be Rs.4,300/- as contended by him for the reason that the very same amount can be easily earned in our State as well even if one is prepared to do manual labour. But there are rescission and the global market is vacillating, so all these factors are to be taken into consideration in a case of this nature. Further I do not feel that when the wife is granted a maintenance of Rs.1,000/- a child need not be given the same amount for the reason comparatively it will be less unless the children are incurring R.P(F.C.) NO. 78 OF 2008 -:3:- heavy expenses for studies. I feel in the interest of justice the amount awarded can be modified as one by granting a maintenance of Rs.1,000/- to the wife, Rs.750/- to the first child and Rs.500/- to the second child thus making a total of Rs.2,250/- per month. In the result the R.P.(F.C) is partly allowed and order of the Family Court, Palakkad is modified by fixing the maintenance as stated above from the date of petition. M.N. KRISHNAN, JUDGE. ul/-