IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Mat.Appeal.No. 497 of 2007() ---------------------------- OS.226/2005 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER: APPELLANTS/PLAINTIFFS --------------------------------- 1. SOFIA, D/O. NABEESA BEEVI, KAIPPALLIL VEEDU, AMBALATHUMBHAGOM, PORUVAZHY VILLAGE, KUNNATHUR TALUK. 2. MUHAMMED FAISAL, (MINOR), KAIPPALLIL VEEDU, AMBALATHUMBHAGOM, PORUVAZHY VILLAGE, KUNNATHUR TALUK, REPRESENTED BY HIS MOTHER SOFIA. 3. MUHAMMED NOUFAL, (MINOR), KAIPPALLIL VEEDU, AMBALATHUMBHAGOM, PORUVAZHY VILLAGE, KUNNATHUR TALUK, REPRESENTED BY HIS MOTHER SOFIA. BY ADVS. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENT: DEFENDANT ---------------------- T.SALAM, KAIPPALLIL VEEDU, AMBALATHUMBHAGOM, PORUVAZHY VILLAGE, KUNNATHUR TALUK, NOW AT P.B.NO.2149, D.P.A. GENERAL CARGO, PORT RASHID, DUBAI, U.A.E., REPRESENTED BY HIS POWER HOLDER ABDUL BASHEER. BY ADV. SRI.V.PHILIP MATHEW THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- MAT. APPEAL NO. 497 OF 2007 ---------------------------------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. The plaintiffs in O.S. No.226 of 2005 on the file of the Family Court, Kottarakkara are the appellants. By the impugned judgment dated 5.2.2007, the Family Court decreed the suit granting maintenance to plaintiffs 2 and 3 at the rate of Rs.800/- and Rs.700/- per month respectively. They were also allowed to realise a sum of Rs.4,500/- towards arrears of maintenance for three months. The adequacy of the amount awarded as maintenance is under challenge in this appeal. The parties herein are referred to as plaintiffs and defendant as in the suit. 2. The defendant is the father of plaintiffs 2 and 3 and the former husband of the first plaintiff. The suit was filed for realisation of money, jewellery and also for maintenance. During the pendency of the suit, the first plaintiff instituted proceedings against the defendant under the Muslim Women (Protection of Rights on Divorce) Act and in view of the said proceedings, the relief in the suit was confined to maintenance for Mat. Appeal No.497/2007 2 plaintiffs 2 and 3 alone. At the time of institution of the suit, plaintiffs 2 and 3 were aged 7 1/2 and 3 1/2 years respectively. It is the case of the first plaintiff that the defendant deserted her and the children on 3.6.2002 and refused to maintain them thereafter. She also pleaded that the defendant is employed in the Gulf country and earning a monthly salary of Rs.30,000/-. She, therefore, claims monthly maintenance for her minor children at the rate of Rs.2,500/- each. The defendant contended that the first plaintiff/wife has sufficient means to maintain the minor children, that he is presently jobless and hence he will be able to provide maintenance only as the r ate of Rs.250/- each per month. 3. The Family Court took note of the fact that the defendant is employed in the Gulf country for a period of not less than fifteen years and that the case is contested through his brother. Considering the status of the parties, the needs of the minor children and the living standard, the Family Court fixed monthly maintenance at Rs.800/- and Rs.700/- respectively. 4. The learned counsel appearing for the appellants contended that considering the status of the parties, the needs of the minor children and also the fact that the respondent/defendant is employed in the Gulf country for the last more than fifteen years, the monthly maintenance fixed by the Mat. Appeal No.497/2007 3 Family Court is grossly inadequate. Considering the facts and circumstances of the case, we are also of the view that the rate at which monthly maintenance as ordered by the Family Court is not adequate and reasonable. We, therefore, direct the respondent to pay monthly maintenance to plaintiffs 2 and 3 at the rate of Rs.1,500/- and Rs.1,000/- respectively with 10% yearly enhancement in future from 1.1.2009 onwards. Maintenance at the enhanced rate is payable with effect from 1.1.2008. The decree and judgment passed by the Family Court is modified to the above extent. The arrears of maintenance ordered by the Family Court requires no modification. The Matrimonial Appeal is disposed of as above. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ Mat. Appeal No.497/2007 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. MAT. APPEAL NO.497/07 JUDGMENT 13th August, 2008 Mat. Appeal No.497/2007 5