IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 RPFC.No. 207 of 2007() ----------------------------- MC.110/2005 of THE FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT ------------------------------------ MUHAMMED ASHARAF,S/O K.P.ABOOBACKER, KOLEKKADATH PARAMBIL,KUTTIKKATTOOOR AMSOM DESOM, VELLIPARAMBA P.O., KOZHIKODE TALUK. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): PETITIONERS -------------------------- 1. MUHAMMED NAZIL(MINOR), S/O MUHAMMED ASJARAF, NAZIYA SULTHANA, REP. BY MOTHER/GUARDIAN 2ND PETITIONER. 2. NAZIYA SULTANA,D/O K.C.RAHSEED NABEESA, VIRUPPIL HOUSE, ANAPPARA, KUNNAMANGALAM AMSOM DESOM, KUNNAMANGALAM POST, KOZHIKODE TALUK. R2 BY ADVS. MR.P.B.SAHASRANAMAN, MR.K.JAGADEESH, MR.T.S.HARIKUMAR. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MA. NO.5568/2007 IN RP(FC) NO.207/2007 DISMISSED 11/02/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.207 OF 2007 ............................................. Dated this the 11th day of February, 2010. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.No.110/2005. The wife and the minor child aged two years moved separate applications for maintenance and while they were jointly tried, the wife did not press her application for maintenance and the court after hearing, granted a maintenance of Rs.2,000/= to the minor child. It is against that decision, the revision is preferred. 2. The main question involved herein is not regarding the entitlement, but only regarding the quantum. The learned counsel for the revision petitioner would contend that when a child is born in a matrimonial relationship, there is equal responsibility to the parents to maintain the child. It is made clear that the husband does not want to wash of his liability but requests the court to consider the conduct of the mother as well in the proceedings. 3. So far as the mother is concerned, though she moved : 2 : R.P.(F.C).No.207 OF 200 an application for maintenance and evidence was adduced towards the last stage, she did not press the maintenance case stating that she has got employment. So there is a background whereby it can be seen that the mother is having some source of income. It does not mean that the father's responsibility will cease towards the child. According to the wife, the husband is running an institute called Taj Academy and he is a versatile teacher in English deriving a monthly income of more than Rs.30,000/= per month. On the contra, the husband would contend that he is not the proprietor of the said academy, but only a paid employee having a monthly salary of Rs.1,500/= and as the institute has been closed down, he is taking recourse to private tuitions and therefore he is not having the income as contended by the wife. 4. The learned family court had discussed the matter in detail and found that there are no documents produced by the wife to establish that Taj Academy is owned by the husband. But the court below came to the conclusion that he is a very experienced teacher and therefore would be : 3 : R.P.(F.C).No.207 OF 200 having reasonable income. On the the contra,the husband as well as the alleged owner of the academy had been examined. The said person by name Surendran had deposed before the court that he was the owner of the academy and the revision petitioner is only an employee and that he was only paying a salary of Rs.1,500/= to him. 5. Now a days, that too in subjects like English, we find it difficult to get teachers and in places like Kozhikode, it may not be possible to get the assistance of a teacher at a sum of Rs.1,500/=. But that by itself would not show that what will be his income. Therefore we have to strike the balance in between the two. Considering the fact that the wife is having some employment and also taking into consideration the qualification of the husband coupled with the fact that he is a teacher in English, a reasonable income can be fixed. The child was aged only two years at the time of the filing of the application and so taking into consideration the necessity of the child, I feel the order requires modification and thereby I reduce the quantum of maintenance from Rs.2,000/= to Rs.1,500/= per month : 4 : R.P.(F.C).No.207 OF 200 making it clear that when there are change of circumstances the child may be entitled to move applications for variance under Section 127 of the Cr.P.C. 6. Therefore the revision petition is disposed of by modifying the quantum of maintenance from Rs.2,000/= to Rs.1,500/=, that too payable from the date of petition and the mother is at liberty to withdraw the amount on behalf of the child. Needless to say that when situation arises, the right of the child to move a petition under Section 127 of the Cr.P.C is reserved. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 5 : R.P.(F.C).No.207 OF 200