IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 RPFC.No. 397 of 2007() -------------------- MC.180/2006 of FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... REV.PETITIONERS/PETITIONERS --------------------------- 1. BEENA T.KUMARAN, W/O.T.K.MOHANAN, OLICKALVEEDU, KAKKOODAKA P.O., KOLLAMULA VILLAGE, RANNI TALUK. 2. MERLIN, AGED 9 YEARS (MINOR), D/O.T.K.MOHANAN, OLICKALVEEDU, KAKKOODAKA P.O., KOLLAMULA VILLAGE, RANNI TALUK. 3. MELBIN, AGED 4 YEARS (MINOR), S/O.T.K.MOHANAN, OLICKALVEEDU, KAKKOODAKA P.O., KOLLAMULA VILLAGE, RANNI TALUK. (REV.PETITIONERS 2 & 3 ARE REPRESENTED BY IST REV.PETITIONER MOTHER). BY ADV. SRI.C.A.CHACKO SRI.BIJU GOPAL SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COUNTER PETITIONER --------------------------------- MOHANAN T.K., S/O.KUTTAN, PARIYATHU HOUSE, RUBBER BOARD P.O., PERUKAVUKARA, PUTHUPPALLI VILLAGE, KOTTAYAM. ADV. MR.RAJESH THOMAS MR.K.P.SHAHUL HAMEED FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SS/. M.N.KRISHNAN,J. ====================== R.P.(F.C) No.397 OF 2007 ====================== Dated this the 15th day of March 2010. O R D E R This revision is preferred against the order of the Family Court, Kottayam at Ettumanoor in M.C No.180/2006. The wife and children were ordered to be paid maintenance at the rate of Rs.400/- each and challenging it as inadequate they have come up in revision before this Court. They also challenged correctness of limiting the maintenance only from the date of order. 2. Heard the counsel for both sides. Regarding limiting maintenance from the date of order, I feel it is justifiable for the reason that the court granted divorce to the wife, who was living without reasonable cause, separately. Therefore, the court was perfectly justified in granting maintenance only from the date of order. 3. The next question is regarding the quantum. It is seen that the husband is working as a sanitation worker on a scale of Rs.2,735/- -Rs.3945/- having a total emoluments R.P.(F.C) No.397 OF 2007 2 of Rs. Rs,5729/-. It is issued on 14.3.2007. Now in the light of the divorce, as a divorced wife she comes within the purview of wife and defences under Secction 125(4) may not be available to the husband. It was the husband who moved for a divorce and obtained divorce. So far as children are concerned, the husband has not taken any steps to take the custody of the children so as to maintain them. So also they are entitled to maintenance. Considering the escalation of price and high living cost, it cannot be on the higher side if maintenance is awarded at the rate of Rs.1,000/- per month to the wife and Rs.600/- per month each to the minor children. Therefore, I modify the order of the Family Court accordingly. In the result, the revision petition is disposed of by enhancing the maintenance of wife to Rs.1,000/- per month and that of children Rs.600/- each per month payable form the date of order namely 26.4.2007. If any amount is paid or deposited that shall be given credit to. M.N.KRISHNAN,JUDGE. mns