IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 RPFC.No. 168 of 2005() ---------------------- MC.352/2003 of FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT: ----------------------------------------------- PREMARAJAN V., S/O. APPUTTY, AGED 38 YEARS, VADERI HOUSE, ANDANDY PARAMBA, ARAKKINAR P.O., BEYPORE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): PETITIONERS: ------------------------------------ 1. USHA M., D/O. CHANDUKUTTY, AGED 27 YEARS, MADATHINGAL HOUSE, P.O. AZHINJILAM, FAROOQUE COLLEGE. 2. REVATHY, AGED 7 YEARS, D/O. PREMARAJAN, MADATHINGAL HOUSE,P.O.AZHINJILAM, FAROOQUE COLLEGE (REPRESENTED BY THE 1ST RESPONDENT - MOTHER). THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 168 OF 2005 = = = = = = = = = = = = = = = Dated this the 8th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.352/03. The revision petitioner is the husband who has been ordered to pay a maintenance at the rate of Rs.1,500/- to the wife and Rs.1,000/- to the child. It is seen that parties are living separately because of their non- compatible temperament. The main question is regarding the quantum. It is submitted that the husband is working as a loading and unloading worker. Documents are produced to show that his monthly income varies from Rs.2,300/- to Rs.1,625/- or so. He is attached to the Kerala State Civil Supplies Corporation. It is also seen from his own evidence that when there is no work in the Civil Supplies Corporation, he goes for other labour. More or less according to him his cost of living is Rs.22 per day. So it has to be stated that he is a man who does not spend at all. When he works considering the present R.P.(F.C.) NO. 168 OF 2005 -:2:- wage set up in the society a reasonable amount of Rs.3,500 to 4,000/- would be available per month by any stretch of imagination. So taking into consideration that aspect I feel maintenance has to be refixed for the reason that the capacity of the husband also has to be taken into consideration in fixing the amount. Therefore I modify the order of maintenance passed by the Family Court by changing the rate of maintenance of wife to Rs.1,200/- and that of the child to Rs.800/-. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-