IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 RPFC.No. 308 of 2008() -------------------------------- MC.310/2006 of THE 310/2006 OF FAMILY COURT, KOZHIKODE. .................... REVISION PETITIONER(S)/RESPONDENT:- -------------------------------------- RAGHAVAN NAIR, S/O RAMAN KIDAV, VALOOR POILIL HOUSE, CHENOLI,VALOOR, PERAMBRA. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): PETITIONER ---------------------------- REMA.C, D/O DAMODARAN NAIR, CHANGAROTH HOUSE, KUNNATHARA AMSOM, KANNUR DESOM, KOYILANDY TALUK. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MA.10011/2008 IN RPFC. NO.308/2008 CLOSED 04/02/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.308 OF 2008 ............................................. Dated this the 4th day of February, 2010. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.No.310/2006. Belated marriage and quick separation is the misfortune faced by the couple in the case. The matrimonial relationship does not subsist even for two months. The wife would attribute that husband and members of his family demanded dowry and ornaments, ill treated her, assaulted her and put her back in the parental home. On the contra the husband would contend that the wife is a psychic patient and even the marriage was not consummated and she had left the matrimonial home without any reason. 2. The court below after analysing the materials found that the case of the husband that the wife was having mental disorder is not proved and there is no evidence to show that the marriage has not been consummated. No attempt was also taken by the husband to get any medical evidence in that regard even after the filing of the petition. Attribution : 2 : R.P.(F.C).No.308 OF 2008 of mental disorder to a wife is one of the worst cruelty that a husband can inflict on a wife. Therefore preponderance of probability when weighed would show that what the wife speaks appears to be more reasonable and therefore I find that there was sufficient ground for the wife to live separately from the husband. It is contended that in the presence of mediators the parties had entered into an agreement, thereby the wife has decided to live separately of her own consent and to go for diverse. On the other hand, the wife would submit that such an agreement was executed only under force and she had not agreed for the same. 3. I had perused the agreement to satisfy myself. Even a solitary statement is not available there which is in favour of the wife. So I feel that Ext.B1 document as held by the court below need not be looked into and that it is not properly proved. Even otherwise when the law envisages the wife to get maintenance when the husband refuses to look after her, it cannot be defeated by incorporating a statement in the agreement. : 3 : R.P.(F.C).No.308 OF 2008 4. The next question is on the quantum. The husband would contend that he is under the treatment of an ayurvedic doctor for rheumatism and had produced some documents to establish the same. I had perused this certificate as well which would only show that he requires some prolonged treatment. No where till this day any document is produced to show that he is incapable of doing any work at all. 5. Therefore it is the bounden duty of the husband to look after his wife, who does not have any resources. Considering the present set up and the cost of living, the amount of Rs.1,000/= ordered as maintenance cannot be considered as a high amount. Therefore the order does not call for any interference. The revision petition lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE cl : 4 : R.P.(F.C).No.308 OF 2008