IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 RPFC.No. 341 of 2007() ---------------------- MC.197/2004 OF THE LEARNED FAMILY COURT, KOZHIKODE. .................... REVISION PETITIONER/RESPONDENT -------------------------------------------------- ABDULRAHIMAN, AGED 47 YEARS, S/O.ABDULLA NELLIKKUNNUMMAL HOUSE, CHELLATTU POYIL, VALLIAD NADA P.O., PAYYOLI, KOZHIKODE DISTRICT. BY ADV. SRI.T.S.JOHN SRI.SIJU RAJAN RESPONDENT(S): PETITIONERS & STATE ---------------------------------- 1. RABIA, AGED 35 YEARS, D/O.IBRAHIM, MALAYIL HOUSE, PUTHUPPANAM AMSOM, VATAKARA TALUK, KOZHIKODE DISTRICT. 2. ABDUL SAMEER, AGED 8 YEARS, S/O.RABIA, REP. BY HIS MOTHER RABIA, AGED 35 YEARS, D/O.IBRAHIM, MALAYIL HOUSE, PUTHUPPANAM AMSOM, VATAKARA TALUK, KOZHIKODE DISTRICT. 3. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31. SMT.T.KAMALA MENON FOR R.1,2 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- R.P.(FC) No. 341 of 2007 ------------------------------------------------- Dated this the 3rd day of July, 2009 ORDER Basant,J. This RP(FC) is filed by the husband challenging the order of maintenance passed under Sec.125 Cr.P.C. which obliges him to pay an amount of Rs.1,500/- and Rs.1,250/- per mensem respectively to his wife and child. 2. Marriage and paternity are admitted. Separate residence is also conceded. There was a dispute regarding marriage. There was evidence of the wife as P.W.1 and the revision petitioner as R.W.1. Ext.A1 marriage certificate was also proved. It is relevant to note that there are two more children born to the wife in the relationship with the revision petitioner. In respect of those two children, there was an order directing custody to the wife and the revision petitioner R.P.(FC) No. 341 of 2007 -: 2 :- had challenged that order in M.A.No.80/06. That appeal is also being dismissed today. 3. When this revision petition came up for hearing, no specific contentions are raised. We have gone through the impugned order. Notwithstanding the apology of a dispute regarding marriage, we are satisfied that the claimants/wife and child who are residing separately, are entitled for maintenance. Birth of 3 children in the relationship is not disputed. The quantum of maintenance, we are satisfied, does appear to us to be absolutely fair, reasonable and just. No interference is warranted. 4. In the result, this revision petition is dismissed. We make it clear that all amounts in deposit in furtherance of the interim orders passed by this Court shall forthwith be released by the Family Court to the claimant/respondent herein. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge R.P.(FC) No. 341 of 2007 -: 3 :- R.P.(FC) No. 341 of 2007 -: 4 :-