IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 RPFC.No. 423 of 2009() --------------------------------- MC.203/2009 of FAMILY COURT, MALAPPURAM. .................... REVITION PETITIONER --------------------------------- ABDUL BASHEER. C.V., S/O. LATE MUHAMMED, AGED 31 YEARS, CHITTAKATH VARIYA THAZHATH HOUSE, THIRUNAVAYA.P.O. EDAKKULAM, MALAPPURAM DIST. PIN-676 301. BY ADV. MR.P.ALI, MR.A.MUHAMMED HASHIM. RESPONDENT(S): -------------------------- 1. MUJAHITHA. P., AGED 3 YEARS, D/O. KUNJHUMUHAMMED MASTER, POKKATTAYIL HOUSE THANALOOR.P.O., THANALOOR AMSOM DESOM, TIRUR TALUK MALAPPURAM DISTRICT-676 307. 2. FADIL, S/O.ABDUL BASHEER, AGE 4 YEARS (MINOR), POKKATTAYIL HOUSE, THANALOOR.P.O., THANALOOR AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT-676 307. R1 & R2 BY ADV. MR.P.VENUGOPAL. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 25/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RPFC.No. 423 of 2009 ORDER ON CRL.MA.NO.11755/2009 IN RPFC NO.423/2009 DISMISSED 25/03/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs. M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.423 OF 2009 ............................................. Dated this the 25th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.No.203/2009. The wife and a 3 1/4 year old child moved an application for maintenance and the family court has granted Rs.3,700/= as maintenance to the wife and Rs.800/= to the child. It is against that decision, the husband has come up before this Court. 2. Heard the learned counsel for the revision petitioner as well as the respondents. The main dispute is only regarding the quantum. The husband is working in a school as a teacher. According to him, his carry home salary is about Rs.8,614/=. The family court also found that his gross salary is Rs.11,000/= and his reduction comes to Rs.2,150/=. 3. But, I do not understand the methodology adopted by the family court by reaching a conclusion that 50% of the amount should be paid as maintenance to the wife and child. : 2 : R.P.(F.C).No.423 OF 2009 It is not the percentage of the amount but requirement that has to be taken into consideration. The husband is a person who has got some physical handicap in the form of polio. He has also to lead a reasonable living and keep up the standard of life of a school teacher. 4. Considering the capacity of the husband along with the need of the wife, I feel that a reasonable amount has to be given as maintenance and in this case interest of justice can be met by awarding Rs.3,000/= as maintenance to the wife and retaining Rs.800/= as maintenance to the child. 5. In the result, the revision petition is partly allowed and the maintenance is refixed at Rs.3,000/= to the wife and Rs.800/= to the child per month payable from the date of MC. If any amount is paid or deposited, that shall be given credit to and the balance need be paid. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : R.P.(F.C).No.423 OF 2009 : 4 : R.P.(F.C).No.423 OF 2009