IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 RPFC.No. 183 of 2004() --------------------------------- MC.193/2003 of THE FAMILY COURT, KOZHIKODE .................... PETITIONER/RESPONDENT: ---------------------- SUDHAKARAN, S/O.THADATHIL UNNI NAIR, THADATHIL HOUSE, CHERUVATTA AMSOM, KURUVATTUR AMSOM, P.O.PARAMBIL BAZAR, KOZHIKODE TALUK, VHEVAYUR POLICE LIMIT. BY ADVS. MR.P.SANJAY MR.A.PARVATHI MENON RESPONDENT(S): PETITIONERS: --------------------------- 1. AJITHAKUMARI, D/O.MADHAVAN NAIR, PALLIYARA KUNNUMMAL, KURUVATTUR AMSOM, PAYIMBRA DESOM, KOZHIKODE TALUK. 2. SAJINA(MINOR), 17 YEARS, GUARDIAN, IST PETITIONER: R1 BY ADV. MR.K.M.FIROZ THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 183 OF 2004 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2010. J U D G M E N T This is an appeal preferred against the order of enhancement passed u/s 127 of the Cr.P.C. The wife was initially granted a maintenance of Rs.200/- which was subsequently enhanced to Rs.350/-. It is the case of the wife that the amount awarded was not adequate for meeting both ends and therefore claimed enhancement. She would contend that the husband is a money lender having an income of Rs.15,000/- per month and therefore he must be directed to pay more amount. The husband on the other hand would contend that he is a chronic diabetic patient with cervical spondylosis. He has also produced two documents evidencing his treatment for his spine. The medical report would show that he is having a blood sugar of 260 and also cholesterol above 260. The person is aged more than 50 years. It is alleged in the petition that he had been convicted for bigamy. R.P.(F.C.) NO. 183 OF 2004 -:2:- Whatever it may be, the wife is expected to be maintained by the husband. But at the same time the resources of the husband is also to be taken into consideration. The husband as a father was giving Rs.500/- to the daughter. Now it has been stopped for the reason that she has married. So taking note of all these situations even if he is supposed to be only a coolie worker I feel an amount of Rs.800/- can easily be granted as maintenance. Therefore I modify the amount awarded to Rs.800/- per month to the petitioner which shall take effect from 17th August 2004. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-