IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 RPFC.No. 258 of 2006() ---------------------- AGAINST THE ORDER DATED 13/09/2006 IN CMP.1360/2005 IN MC.319/1997 of FAMILY COURT, KOZHIKODE. .................... REV.PETITIONER/RESPONDENT --------------------------------------------- K.VIJAYAN, S/O.APPU NAIR, RESIDING AT KELOTH HOUSE, NARIKKUNI, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.A.J.RAFEEK RESPONDENT(S)/ PETITIONERS : ------------------------------------- 1. K.C.REMABHAI, D/O.K.C.ACHUTHAN NAIR, RESIDING AT KIZHAKKECHALIL HOUSE, P.O.MUKKOM, KOZHIKODE. 2. MANJULLA, MINOR, 13 YEARS, REP. BY MOTHER/IST RESPONDENT. ADV. SRI.P.S.SREEDHARAN PILLAI FOR R1 SMT.C.G.PREETHA FOR R1 SMT.P.RANI DIOTHIMA FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 258 OF 2006 = = = = = = = = = = = = = = = Dated this the 1st day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in C.M.P.1360/05 in M.C.319/97. The minor daughter who got maintenance at the rate of Rs.200/- in the year 1993 moved an application for enhancement of maintenance in 1997 and got Rs.350/- and in 2005 she had moved an application and the Court enhanced it to Rs.1,600/-. Both the parents are teachers. 2. Father would contend that he has to look after his aged mother and his younger brother who is laid up with mental disorder. The Court in a span of eight years had increased the maintenance almost by 500%. I think it is on the higher side especially when we consider that the mother is also employed. Really the husband and wife are having equal status in the life in the form of teachers and they may be drawing the very same salary. It has come out in the evidence of husband that he has a brother who is laid up and R.P.(F.C.) NO. 258 OF 2006 -:2:- he depends on him. Other side would contend that the said brother has wife to look after his affairs and she is employed also but the husband has denied about her employment but deposed that at least mother is there. I find the proportion of enhancement can be limited to 350% instead of 500% when it is worked out it would come to Rs.1,225/- per month and accordingly the amount is modified. In the result R.P.(F.C.) is partly allowed and the amount of maintenance is reduced from Rs.1,600/- to Rs.1,225/- payable from 13.9.2006. The amount, if any, paid or deposited shall be taken credit to. M.N. KRISHNAN, JUDGE. ul/-