IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 RPFC.No. 321 of 2008() ---------------------- MC.28/2008 of FAMILY COURT, MALAPPURAM .................... REVISION PETITIONERS/PETITIONERS 4 AND 5 --------------------------------------- 1. SHAFEEK, AGED 15 YEARS, MADATH PARAMBIL, MANKAVU, KOZHIKODE, REPRESENTED BY HIS GRANDMOTHER AND NATURAL GUARDIAN BEEVI.B.T 2. SHAFANATH, AGED 14 YEARS (MINOR), MADATH PARAMBIL, MANKAVU, KOZHIKODE, REPRESENTED BY HIS GRANDMOTHER AND NATURAL GUARDIAN BEEVI.B.T. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT/RESPONDENT ------------------------- ABDUL RASAK, AGED 48 YEARS, S/O. KUNHI MOIDU, THANDANKOLI HOUSE, AYIRUR AMSOM, PUTHIRUTHI DESOM, PALAPPETTI, (PERUMPADAPPU POLICE STATION LIMIT). ADV. SRI.K.M.SATHYANATHA MENON THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ------------------------- R.P.F.C No.321 OF 2008 -------------------------------- Dated this the 5th day of February, 2010. J U D G M E N T This revision petition is preferred by petitioner's No.4 and 5 represented by Petitioner No.3, grandmother for maintenance against their father. The family court on consideration of the materials granted maintenance at the rate of Rs.750/- each per month from the date of petition and it is against that decision the children have come up in revision for enhancement of maintenance. 2. Heard the learned counsel for the revision petitioner as well as the respondent. At the outset I may like to say here is a person who goes on marrying persons after persons and ultimately he has got into a difficult situation by orders of various courts regarding payment of maintenance to the children born through different wives. This petition had been filed child in the first wife and child in the second wife, children in the third wife. He has already married to a fourth lady. The court below did not R.P.F.C No.321/08 2 grant maintenance to the 1st and 2nd petitioner since they had attained majority. It awarded maintenance to minor petitioners 4 and 5 and they were aged 13 and 15 years respectively. At the time of filing of petition in 2008, both of them were attending school. They are under the protection of their grandmother. The materials when read would show that the mother of the children is away in Gulf Country. There is no picture regarding her income by which she can maintain the children. But there is supporting materials available with respect to the husband for the reason that he has admitted he has got 55.5 cents of land and that he was a person who was taking mango gardens for lease. He would add that on account of some heart ailment he would not continue the same. The court below held that there is no scrap of paper regarding heart ailment. It is also to be understood that Mohammedan law also mandates to look after the wife properly and the law does not support marrying persons and making them destitutes. So it is also a matter that has to be borne in mind. Here the person is having 55.5 cents of land and it is suggested in the cross examination, whether it will fetch one lakh per cent. He would say it is subject matter of litigation, but would admit in examination final decree has been passed in the matter and some R.P.F.C No.321/08 3 negotiations are going on. Over and above this, the available evidences would show that he is also maintaining his fourth wife and children which would indicate husband's income. Children are at higher classes ie., in the high school area and therefore they may require better care and attention. Considering the age also they require some nutritious food as well. Taking into consideration this fact and also the aspect that this man has to look after so many children, I am not ordering a very heavy maintenance, but confining the same by enhancing the maintenance by Rs.250/- to both the children. 3. In the result, RPFC is disposed of, modifying the order of maintenance in favour of petitioners 4 and 5 at the rate of Rs.1,000/- each instead of Rs.750/- each payable from the date of petition. Grandmother is authorised to receive the amount on behalf of the children. M.N. KRISHNAN, JUDGE. sou.