IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 RPFC.No. 283 of 2007(Y) ----------------------- MC.15/2006 of FAMILY COURT, MALAPPURAM .................... : PETITIONER/RESPONDENT -------------------------------------- SALIM, AGED 41 YEARS, S/O.ABPPUTTY, KOTHATTU HOUSE, OPP.VISWAS THEATRE, THALAKKAD AMSOM, DESOM, TIRUR TALUK, P.O.PUTHIYANGADY, REPRESENTED BY POWER OF ATTORNEY HOLDER, MAIMUNA. BY ADV. SRI.ESM.KABEER RESPONDENTS: PETITIONERS ------------------------ 1. NAZEERA, AGED 30 YEARS, D/O.KOYA, THAZHATHETHIL HOUSE, MADHURASSERY, THAVANNOOR, THRIKKANAPURAM AMSOM, DESOM, PONNANI TALUK. 2. ASBI, AGED 12 YEARS,(MINOR), REP.BY GUARDIAN, MOTHER NAZEERA, AGED 30 YEARS, D/O.KOYA, THAZHATHETHIL HOUSE, MADHURASSERY, THAVANNOOR, THRIKKANAPURAM AMSOM, DESOM, PONNANI TALUK. BY ADV. SRI.K.K.MOHAMED RAVUF THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.No.283 of 2007 ---------------------------------------- Dated this the 6th day of February 2008 O R D E R The petitioner claims to be aggrieved by the order passed under Section 125 Cr.P.C directing him to pay maintenance at the rate of Rs.2,000/- per mensum to his child, a girl aged about 12 years and mentally retarded. The petitioner is employed abroad. No evidence was adduced by the rival contestants. There was an agreement that reasonable amount can be directed to be paid. Accordingly, the learned Judge of the Family Court fixed an amount of Rs.2,000/- as reasonable and fair provision for maintenance to the retarded child. 2. The petitioner has come to this court with the grievance that the quantum fixed by the learned Judge is excessive. The learned counsel for the petitioner prays that revisional powers may be invoked to interfere with the said direction and reduce the quantum of maintenance. 3. That the child is mentally retarded and is not able to look after itself is not denied. That the petitioner is employed abroad and has married again after the divorce of the claimant R.P.F.C.No.283/07 2 child's mother is also not disputed. In these circumstances, in any view of the matter, the direction to pay an amount of Rs.2,000/- per mensum cannot be said to be grossly and perversely excessive as to justify the invocation of the revisional jurisdiction of superintendence and correction. Both parties did not admittedly want to adduce evidence and it is in these circumstances that the learned Judge of the Family Court fixed the quantum of maintenance as Rs.2,000/- per mensum. I am satisfied that the quantum of maintenance fixed does not warrant interference at all in this revision petition. 4. This revision petition is in these circumstances dismissed. Needless to say, the amounts, if any, deposited before the Family Court shall forthwith be released to the claimant child/her mother. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge R.P.F.C.No.283/07 3 R.P.F.C.No.283/07 4 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006