IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 RPFC.No. 69 of 2009() ------------------------------- MC.134/2002 of THE FAMILY COURT, TRIVANDRUM. .................... PETITIONER (S): COUNTER PETITIONER --------------------------- N. PANKAJAKSHAN, NOW RESIDING AT FAMILY LIN LODGE, PEROORKADA, THIRUVANANTHAPURAM. BY ADV. MR.R.V.SREEJITH RESPONDENT(S): PETITIONERS -------------------------- 1. ANANDA BAI GEETHA, KALATHARIKATHU VEEDU, T.C 16/915(2), JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM. 2. ARYA, AGED 11 YEARS, KALATHARIKATHU VEEDU, T.C 16/915(2), JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM. 3. ASHA, KALATHARIKATHU VEEDU, T.C 16/915(2), JAGATHY, THYCAUD.P.O, THIRUVANANTHAPURAM. R1 BY ADV. MR.G.SUDHEER THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MA. NO.2060/2009 IN RP(FC).NO.69/2009 DISMISSED 09/02/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 69 OF 2009 = = = = = = = = = = = = = = = Dated this the 9th day of February, 2010. O R D E R This revision is preferred by the husband against the order of the Family Court, Thiruvananthapuram in M.C.134/02. The Family Court directed the husband to pay a maintenance at the rate of Rs.500/- to the wife and Rs.750/- each to the children from 24.4.02 till 18.8.2008 and at the rate of Rs.1,000/- per month from the date of order. It is against that decision the husband has come up in revision. 2. An unfortunate couple in the late evening of their life who started life on extreme love had now fallen apart and the litigation is in progress. Two children are born in the wedlock as well. A reading of the counter of the husband would reveal that he is attributing unchastity on the wife and he would even allege that she had relationship with somebody else even prior to their marriage. In a society ladies consider chastity as their main quality and when anybody attributes charges of unchastity certainly it will amount to worst form of R.P.(F.C.) NO. 69 OF 2009 -:2:- cruelty which a wife cannot bear. I do not want any other particulars to arrive at a decision that the husband has been unkind to the wife especially in the back drop that he had not proved even a solitary instance of unchastity. So she is entitled to live separately. 3. Now regarding the quantum. The husband was an employee namely Peon in the Travancore Devaswom Board. He had retired on 11.4.07 and thereafter he is receiving a pension of Rs.2,137/-. The common house which they were residing is now in the possession of the wife and children and the husband has to leave that place as well. The Family Court held that he has to find out an avocation and maintain the wife and children. The Family Court also found that he is a heart patient who requires treatment. Just because a person is seen sitting in a bakery one cannot confer ownership of the bakery on him in the absence of any evidence. So materials available to prove the income of the husband after retirement is not very much there and that has to be taken note of by a court. Till April 2007 he was an employee and he had received R.P.(F.C.) NO. 69 OF 2009 -:3:- salary from the Travancore Devaswom Board. Further it has to be stated that the present petition is filed on 24.2.2002. Therefore from the materials available the order of maintenance has to be compartmentalized as one prior to retirement and the other subsequent to the retirement. The quantum awarded by the Family Court at the rate of Rs.500/- to the wife and Rs.750/- each to the children be paid from 24.4.2002 till 30.4.2007 and thereafter considering the nominal income the husband derives along with the fact that he has also to make his both ends meet coupled with the treatment for heart ailment I direct him to pay at the rate of Rs.500/- each to the wife and the minor children that is from 1.5.2007 onwards. If situation improves and there are changes as contemplated u/s 127 of the Cr.P.C. the wife and children can move the Court for variation. 4. I am informed that execution petitions are pending and let it be permitted to be kept pending and in the mean time let the husband pay the amount ordered in five equal monthly instalments and if there is default of any two R.P.(F.C.) NO. 69 OF 2009 -:4:- consecutive instalments let the benefit conferred be forfeited and the Family Court proceed to realise the amount in the execution petition. I also make it clear all the amounts paid in the form of interim maintenance or as per the orders of the Court shall be given credit to and the balance need be deposited in five monthly instalments. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-