IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 RPFC.No. 122 of 2008() ---------------------- MC.500/2007 of FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT: ------------------------------------------ THALAKKODAN ABDUL SALAM SAKHAFI, AGED 41 YEARS, S/O.MOIDEENKUTTY, THAKHVABAD, PO. IRIVETTY, ARECODE (VIA) ERNAD TALUK, MALAPPURAM DISTRICT. BY ADV. MR. P.SAMSUDIN RESPONDENTS/PETITIONERS: ---------------------------------- 1. ANKATH PALLIKKUTH ASMABI, AGED 33 YEARS, D/O.UNNIMAMMAD (LATE), THAKHVABAD, PO IRIVETTY, ARECODE (VIA) ERNAD TALUK, MALAPPURAM DISTRICT. 2. MUBASIR, AGED 14 YEARS, S/O.ABDUL SALAM, SAKHAFI (MINOR). 3. MUNAVVIR, AGED 11 YEARS, S/O.ABDUL SALAM SAKHAFI (MINOR), (MINOR RESPONDENTS ARE REPRESENTED BY THE MOTHER IST RESPONDENT). ADV. MR. BABU S. NAIR FOR R1-R3 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.(F.C.) NO. 122/2008 : 2 : ORDER ON CRL.M.A. NO. 4168/2008 IN R.P.(F.C.) NO. 122/2008 DISMISSED 24.02.2010 sd/- M.N. KRISHNAN, JUDGE. M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.122 OF 2008 ............................................. Dated this the 24th day of February, 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.No.500/2007. The wife and two children moved an application for maintenance against the revision petitioner and the family court awarded maintenance at the rate of Rs.2,500/= to the wife, Rs.1,500/= to the first child and Rs.1,000/= to the second child. It is against that decision, the husband has come up in revision. 2. Heard the learned counsel for the revision petitioner as well as the respondents. The revision petitioner is working in Salala along with the company of his second wife and child born to them in the second marriage. The first wife submits that herself and the child had been abandoned and therefore she is entitled to claim maintenance. 3. No wife would like to stay with the second wife of a person and under ordinary circumstances, it is not expected also. When a person gets into a second marriage, naturally : 2 : R.P.(F.C).No.122 OF 2008 he develops intimacy with the new pair and starts abandoning his first wife. So there will be a quarrel and the relationship would go beyond the normal wear and tear of the matrimonial life. Therefore, I find that the wife is entitled to live separately. 4. So far as the quantum is concerned, the wife projects her husband as a very big man whereas the present father-in-law of the revision petitioner projects him as a very small man. The revision petitioner is a highly qualified personality in religion and he had been conferred with the degree of Sakhafi which, according to the father-in- law, requires a lot of in depth study to get graduated. The fact that he is living with the second wife and child abroad also would reveal that he has got necessary income to bring and run a family in the gulf country. Therefore there is no difficulty in presuming that he is having reasonable income by working abroad. It is true that the father-in-law who was aged 75 years at the time of examination was not in a position to give clear evidence. The wife would contend that income of the husband is more than Rs.50,000/=. But : 3 : R.P.(F.C).No.122 OF 2008 there is no positive evidence to prove the same. At any rate the husband is working abroad for more than 20 years. It is true that he has to maintain his new wife and child and when he lives abroad with family, his expenses also will be high. Therefore taking into consideration all these materials, I feel that a slight reduction can be done with respect to the maintenance awarded. Therefore, the wife shall be paid Rs.2.200/=, the first child Rs.1,300/= and the second child Rs.1,000/= as maintenance. 5. In the result, the revision is disposed of by directing the revision petitioner to pay maintenance at the rate of Rs.2,200/= to the wife, Rs.1,300/= to the first child and Rs.1,000/= to the second child payable from the date of filing of the petition and the mother is authorised to receive the amount on behalf of the minor children. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : R.P.(F.C).No.122 OF 2008 : 5 : R.P.(F.C).No.122 OF 2008