IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 RPFC.No. 337 of 2008() ---------------------- MC.856/2007 of Family Court, Malappuram .................... (S): COUNTER PETITIONER: --------------------------------------- YOOSUF, S/O.KUNHEETHUTTY, PUTHUKIDI HOUSE, MAMBURAM, THIRURANGADI, MALAPPURAM. BY ADV. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY RESPONDENT(S): PETITIONERS: --------------------------- 1. JAMEELA.V.K., AGED 21 YEARS, D/O.MUHAMED, VEETTILAKATH HOUSE, KANNADIPPADI, VENGARA, PAKKADAPURAYI, KUZHICHENA DESOM, THIRURANGADI TALUK, MALAPPURAM. 2. MUHAMED LUBAB, AGED 2 YEARS, S/O.YOOSUF (MINOR), REPRESENTED BY MOTHER- 1ST RESPONDENT. 3. AJEER, AGED 6 MONTHS, S/O.YOOSUF(MINOR) REPRESENTED BY MOTHER-IST RESPONDENT. 4. NAJEER, AGED 6 MONTHS, S/O.YOOSUF (MINOR), REPRESENTED BY MOTHER - IST RESPONDENT. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.No.337 of 2008 ---------------------------------------- Dated this the 11th day of November 2008 O R D E R The petitioner has come to this court with this R.P.F.C to assail an order directing him to pay maintenance at the rate of Rs.1,000/- to his wife and Rs.500/-, Rs.300/- and Rs.300/- to his three children per mensum. Marriage, paternity and separate residence are all admitted. There is an offer to maintain the wife on condition that she lives with him. The wife spurned that offer on the ground that the husband is guilty of physical and mental cruelty against her. On this crucial aspect there is only the evidence of the claimant/wife against the evidence of the petitioner on oath. The learned Judge of the Family Court evaluated the evidence and assessed the evidence for its intrinsic worth as also on broad probabilities. The court came to the conclusion that the young wife aged 22 years is residing separately from her husband aged 28 years showing specific grounds for such separate residence. On broad probabilities, the learned Judge felt that it is unlikely that the wife with three infant children would reside separately from her husband without R.P.F.C./Tr.P.C.No. 2 valid reasons. She offered a specific reason whereas the husband was not able to offer a specific reason. Prosecution under Section 498A I.P.C also was pending against the petitioner. On broad probabilities the learned Judge preferred to accept the evidence of the claimant/wife as RW1 to that of the petitioner as PW1. The learned Judge, in these circumstances, proceeded to hold that the wife is entitled to separate maintenance and she has just ground and sufficient reasons to insist a separate residence. 2. Conscious of the nature, quality and contours of the jurisdiction of this court, I find absolutely no reason to invoke the revisional jurisdiction of superintendence and correction to interfere with the preference shown by the learned Judge to accept and act upon the oral evidence of the claimant/wife in preference to that of the petitioner/husband. 3. Finally a contention is strenuously urged that the quantum of maintenance awarded is excessive. Less said about this contention the better. Amounts awarded as indicated earlier is Rs.1,000/-, Rs.500/-, Rs.300/- and Rs.300/- respectively for the maintenance of four souls. A total amount of Rs,2,100/- alone is R.P.F.C./Tr.P.C.No. 3 awarded. The petitioner, on his admission, is a concrete c (construction) worker. The learned Judge took the view that in any view of the matter the petitioner must be getting an income of Rs.200/- per day. 4. Adopt the most lenient standards, I am satisfied that the quantum fixed by the court below does not at all warrant interference. Going by the materials available about the needs of the claimants or the means of the petitioner, the quantum fixed does not warrant revisional interference. 5. This R.P.F.C. is in these circumstances dismissed. (R.BASANT, JUDGE) jsr R.P.F.C./Tr.P.C.No. 4 R.P.F.C./Tr.P.C.No. 5 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008