IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 RPFC.No. 65 of 2007() --------------------- MC.214/2005 of FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT -------------------------------------------------- T.P.ABDUL GAFOOR, S/O.ABDUL SALAM, KUNIYIL THAYYIL HOUSE, KEEZHAMPARA, ERANAD, AREEKKODE REP. BY HIS POWER OF ATTORNEY HOLDER T.P. ABDUL SALAM, KUNIYIL THAYYIL HOUSE, KEEZHAMPARA, ERANAD, AREEKKODE. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): PETITIONER ------------------------- V.P.SHABEENA, D/O MUHAMMAD, VALIYAPARAMBA, NALLALAM, NOW RESIDING AT SAIN VILLA, MANTHRAMMAL, VALIRAM, RAMANATTUKARA P.O., KOZHIKODE. ADV. SRI.MANJERI SUNDERRAJ FOR R1 SRI.B.PREMNATH (E) FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ----------------------------------------- R.P.F.C.No.65 OF 2007 ----------------------------------------- Dated this the 13th January, 2010 O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.214/2005. A 21 year old wife had filed application against 26 year old husband for maintenance. The unfortunate couple got married in 2002 and the wife had left the matrimonial home in 2003 which indicates there was only a short span of time for which the matrimonial life continued. There are allegations and counter allegations on both sides but suffice to say that the wife is living separately from the husband. The Family Court had referred to the letters alleged to be written by the wife wherein there are references to the effect that Rs.250/- had been paid by one Thafkeer, Rs.400/- by mother of husband for purchase of dress. When one is in the initial stage of matrimonial life wife will always find the husband pouring of love and affection and also presentations. But we do not find such a situation here at all. Had the wife been comfortable she would not have left the matrimonial home seeking shelter under her parents. She is not a rustic girl but had studied up to 11th 2 standard. Therefore, under ordinary circumstances one cannot expect the wife to be away from the husband unless there are compelling reasons. Therefore, the ground of cruelty alleged appears to be more probable for living separately and therefore I do not disturb that finding. 2. Secondly the question is on quantum. The wife would give an inflated figure of Rs.50,000/- per month as the income of the husband whereas the husband would contend that he is only a paltry worker in gulf country and not having high financial resources. Therefore, the materials available are only oath against oath. Just because one is working in gulf country the court cannot jump to the conclusion that he is having substantial income. It is evident from the materials that the parents of the husband are also looked after by him and when he has to pay the maintenance to the wife he has to cater the needs of two families and it is also to be stated that he has to look after himself where he is working that too in the gulf country whether his expenditure will be more than what is being spent if in our State. However, now it is contended that he has come back from the gulf country without job. Whatever it may be he is a very healthy young man capable of doing work and therefore taking note of 3 the situation that fact I am inclined to grant an order of maintenance of Rs.2,000/- instead of Rs.2,500/-. Therefore, the revision petition is disposed of by modifying the order of the Family Court by directing the husband to pay maintenance @ Rs.2,000/- per month to the wife from 17.6.2005 the date of petition. M.N.Krishnan, Judge cms