IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 RPFC.No. 156 of 2011() ---------------------------------- MC.NO.654/2005 of FAMILY COURT, NEDUMANGAD .................... PETITIONER/RESPONDNT. ----------------------------------------- AJI KUMAR, S/O. BHARGAVAN ASARI, RADHA BAHVAN, VELAVOOR, PIRAPPANCODE P.O., NEDUMANGAD TALUK. BY ADV. SRI.SAJU.S.A RESPONDENT(S): PETITIONER. ----------------------------------------------- PREETHA, D/O. SAROJINI, VENKATTAYIL VEEDU, KONCHIRA P.O., VEMBAYAM, VEMBAYAM VILLAGE, NEDUMANGAD TALUK, PIN - 696 615. BY ADV. SRI.SREEKANTH S.NAIR THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts S.S.SATHEESACHANDRAN, J -------------------------------------- R.P(F.C) No.156 OF 2011 -------------------------------- Dated this the 13th day of July 2011 ORDER The revision is directed against the order passed by the Judge, Family Court, awarding maintenance, at the rate of Rs.1250/- per month, to the respondent, under Section 125 of the Code of Criminal Procedure, from the revision petitioner. Status of the parties as spouses is not under challenge. But, the entitlement of the respondent, wife, to claim maintenance was resisted by the revision petitioner, husband, on various objections including one that she suffered from mental illness and hence the marriage between them has not consummated. He has filed a petition as O.P no.1759 of 2005 before the Family Court, seeking for a declaration that the marriage is void. That petition is pending for adjudication before the Family Court. Pendency of that petition was also canvassed before me as a ground for entertaining this revision. 2. Notice given, the respondent, wife, has entered appearance. Perusing the impugned order, it is seen that a sum of Rs.1250/- has been awarded to the wife as maintenance. The relationship of the parties still continues as husband and wife, and it has not been severed. No declaration has been granted as sought for by the petitioner impeaching the marriage as void, necessarily, has to be Crl.R.P No.156/2011 - 2 - taken into account in considering the challenges raised against the order passed by the court below which had recorded the evidence of both parties, the husband and wife. The testimony of the wife (respondent) as to her inability to maintain herself and also neglect on the part of the revision petitioner, her husband, was found trustworthy to the Judge who recorded her evidence. Revision petitioner is having vocation as a carpenter. His income potentiality, taking into account such vocation, was also considered by the learned Judge, Family Court to fix the monthly maintenance of Rs.1250/- as payable by him to his wife. As a carpenter, he must be capable of earning daily wages of Rs.350/- to Rs.400/- was the view taken by the learned Judge. I find no impropriety in the conclusion so formed. The only question is whether the revision petitioner, husband, has made out any case why he should not be made liable to pay maintenance to the wife when relationship of the parties remains unsevered. He has not established any of the grounds canvassed for to deny maintenance to the wife. It is to be noted that he has taken a plea that she suffered from mental illness and thus is incapable of having a healthy marital relationship with him. Mental disorder, no doubt, is an illness and if his case pleaded so is found true, then, the question is whether any deception was practiced on him before marriage. That is a matter yet to be determined by the Family Court Crl.R.P No.156/2011 - 3 - in the adjudication of the petition filed by him for the declaration applied for. At any rate, in the present proceedings, other than raising that contention, it is apparent that he has not substantiated such ground to deny maintenance to his wife. I do not find any ground to hold that the quantum awarded is excessive or unreasonable. There is no merit in the revision, and it is dismissed. Sd/- S.S.SATHEESACHANDRAN vdv JUDGE //True Copy// P.A to Judge