IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 RPFC.No. 184 of 2009() ---------------------- MC.268/2007 of FAMILY COURT, PALAKKAD .................... REVISION PETITIONER(S): RESPONDENT: --------------------------------------------------------------- SHAMEER, S/O. SHAHUL HAMEED, AGED 26 YEARS, RESIDING NEAR U.P SCHOOL, POKKUNNI, VADAVANNUR, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. MR.RAJESH SIVARAMANKUTTY RESPONDENT(S): PETITIONERS: -------------------------------------------------- 1. RASHEEDA, D/O. LATE SHAIK RAWTHER, AGED 27 YEARS, RESIDING AT VALIYAKULAM VEETIL, KODUNTHIRAPPULLY, PALAKKAD TALUK, PALAKKAD DISTRICT. 2. NISHAD, S/O. RASHEEDA, AGED 4 YEARS, (MINOR), REPRESENTED BY GUARDIAN, RASHEEDA, D/O. LATE SHAIK RAWTHER, RESIDING AT VALIYAKULAM VEETIL, KODUNTHIRAPPULLY, PALAKKAD TALUK, PALAKKAD DISTRICT. R1 BY ADVS. MR.H.BADARUDDIN, SMT.SHAMEERA.B, SMT.M.ARCHANA, SMT.M.SHAZIA SULTHANA. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 16/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.5056/2009 IN RP(FC) NO.184/2009 CLOSED 16/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.184 OF 2009 ............................................. Dated this the 16th day of March, 2010. O R D E R This revision is preferred against the order of maintenance passed by the Family Court, Palakkad in M.C.No.268/2007. The court ordered maintenance at the rate of Rs.2,000/= to the wife and Rs.1,250/= to the child. It is against that decision, the husband has preferred this revision. 2. Heard the learned counsel for both sides. The unfortunate young couple are separated and it is submitted that the husband is working as a tailor in Thiruppur. In order to fix the quantum of maintenance, there should be some acceptable data before the court. I am also not prepared to accept the evidence of RW1/the husband that he gets only Rs.100/= per day as a tailor. Even a casual labourer in Kerala gets about Rs.150-200 per day and no person will go for work for Rs.100/= at Thiruppur. But these are all only on the basis of a guess work. Therefore in the absence of any concrete evidence, it is very difficult to fix the quantum precisely. It has to be stated that grant of maintenance must : 2 : R.P.(F.C).No.184 OF 2009 be in relation to the need of the person and capacity of the person who is to pay. When the balance is struck in between the two, I feel that the maintenance can be fixed at Rs.1,500/= to the wife and Rs.1,000/= to the small child. 3. Therefore the revision is disposed of by modifying the order of maintenance in favour of the wife from Rs.2,000/= to Rs.1,500/= per month and that of the child from Rs.1,250/= to Rs.1,000/= per month payable from the date of petition and the mother can receive the amount on behalf of the child. Disposed of accordingly. . M.N. KRISHNAN, JUDGE cl : 3 : R.P.(F.C).No.184 OF 2009