IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 RPFC.No. 439 of 2009() ---------------------- MC.237/2008 of FAMILY COURT, ERNAKULAM .................... REVISION PETITIONER/RESPONDENT: ------------------------------------------------------------- M.K.KABEER, AGED 40 YEARS, S/O.LATE KADER PILLAI, MUNDETH HOUSE, MEKKALADI KARA, KALADY VILLAGE, ALUVA TALUK. BY ADV. MR.G.RAJAGOPAL RESPONDENT(S): PETITIONER AND STATE: ----------------------------------------------------------------- 1. RUKSANA, AGED 10 YEARS, A MINOR REPRESENTED BY MOTHER SHAMLA, D/O.ALI, MOLEKKUDI HOUSE, PUTHUPADI KARA, KOTHAMANGALAM VILLAGE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. MR.N.ANILKUMAR R2 BY SR. PUBLIC PROSECUTOR MR. BENNY VARGHESE THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.12316/2009 IN RP(FC) NO.439/2009 DISMISSED 12/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.439 OF 2009 ............................................. Dated this the 12th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Ernakulam in M.C.No.237/2008. The minor child moved an application for maintenance against the father and the court below ordered maintenance at the rate of Rs.4,000/= per month. It is against that decision, the father has come up in revision. 2. The learned counsel for the revision petitioner highlighted his argument on the ground that though there was an agreement, by virtue of which, there was an undertaking to pay Rs.4,000/= as maintenance, there are change of circumstances which preclude the revision petitioner from paying the amount as maintenance. According to him, he is only an Office Assistant cum driver in a private firm having a monthly income of Rs.3,500/= and therefore, he wants the court to fix the maintenance accordingly. The learned counsel also relied on the evidence of PW1 wherein she had stated that there was a Hero Honda dealership for : 2 : R.P.(F.C).No.439 OF 2009 the husband and monthly income derived from there is Rs.40,000/= and one tenth of that amount (Rs.4,000/=) is fixed as maintenance. A major competent man with both his eyes open enters into an agreement whereby the matrimonial dispute between the parties are settled. He handsover the amount which he has received, acknowledges the divorce of the wife and further undertakes to pay maintenance at the rate of Rs.4,000/= per month to the child. There is no case that the said agreement was entered into under duress and undue influence. When one has entered into such an agreement, he has to understand and realise it with both his eyes open. He had entered into an agreement and without paying anything on the basis of the agreement, he resists the case of the minor on the ground that he cannot afford to pay Rs.4,000/=. It is too much for him to argue on that line. 3. I had also gone through his evidence in the cross examination which very clearly demonstrates that he never wants to speak the truth before the court. Whenever a question is put to him regarding the item of property and its : 3 : R.P.(F.C).No.439 OF 2009 extent, his immediate answer is that he does not know. So the attempt is only to get away from the undertaking to pay maintenance to the child at the rate of Rs.4,000/=. I do not find that he has succeeded in proving that he is unable to pay that amount because of the reasons beyond his control. Therefore, it is always desirable to implement the intention of the parties especially when they enter into a compromise. The learned family court judge had also considered the matter and had arrived at a decision that the amount of Rs.4,000/= need not have to be changed as agreed for in the document. I decline to interfere with the decision and the revision petition is dismissed. M.N. KRISHNAN, JUDGE cl