IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 RPFC.No. 103 of 2009() ---------------------- MC.111/2008 OF THE FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/CR.PETITIONER IN M.C. ------------------------------------------------------------- SREEDHARAN.T.K,AGED 51 YEARS, S/O.T.K.KUNHUNNI ACHARI, SANTHI SADAN,RAM NAGAR, VAKKANATHARA.PO, PALAKKAD. BY ADV. SRI.P.M.MOHAMMED SHIRAZ SMT.G.R.MANJU RESPONDENTS/PETITIONER IN M.C.: --------------------------------- 1. DHANALEKSHMI, AGED 40 YEARS, D/O.LATE BALAN, PATHIRAKAD HOUSE, OLLUR AMSOM, FEROKE DESOM, KAUVANTHURUTHI.PO, KOZHIKODE-673643. 2. DINSHA, AGED 3 YEARS, MINOR REP; BY HER MOTHER,DHANALEKSHMI, D/O.LATE BALAN, PATHIRAKAD HOUSE, OLLUR AMSOM, FEROKE DESOM, KAUVANTHURUTHI.PO.,KOZHIKODE-673643. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- R.P.(FC).NO.103 OF 2009 () ----------------------------------- Dated this the 19th day of March, 2009 O R D E R This petition is filed against the order of maintenance granted by the Family Court, Kozhikode in M.C.No.111/2008. By the said order, the Court directed the husband to pay a monthly maintenance of Rs.1,250/- to the wife and Rs.750/- to the child. Aggrieved by that decision, the husband has come up in revision. Heard the learned counsel for the petitioner and perused the order. The learned counsel vehemently contends before me that the wife is living separately without any reasonable cause, and therefore, she is not entitled to claim maintenance. The second point urged is that the petitioner is not having any income, and therefore, the order to pay maintenance at the rate of Rs.1,250/- per month and Rs.750/- per month is also incorrect. So far as the separate residence is concerned, from the materials available, it can be seen that the wife has filed a complaint under Section 498(A) RP(FC).103/09 2 of the Indian Penal Code alleging cruelty against the husband. One of the documents namely Ext.A3 is the wound certificate which according to the wife is the injuries inflicted by the husband, which has become a reason for filing the 498(A) case. It is submitted that he is prepared to take back his wife and child and his intention is manifestly clear from his conduct that he had already instituted a petition for divorce of the wife. The man who does not want his wife and who wants to get her divorced will have no desire to take her back and make her live with him. Further, PW1 had already deposed before the court the cruelty that she has suffered from the husband. In such circumstances, one cannot find fault with the wife for living separately. She is entitled to maintenance along with the child. The next question is regarding the quantum. The wife would contend that the husband is having an income of Rs.25,000/- as a gold smith but it is disputed by the husband. But it is a fact that the husband is a gold smith by profession and he is also appointed as an appraiser by some of the Banks RP(FC).103/09 3 and he has admitted in evidence Exts.B1 to B4 pass books, in which the income shown is the amount he was getting from the appraiser work. He has also stated that it will not show the income which he has derived as a gold smith. The Family Court has only ordered to pay maintenance of Rs.1,250/- to the wife and Rs.750/- to the child in 2008. One cannot hold that it is excessive. Therefore, from the discussions, I am of the view that there is no illegality, irregularity or perversity in the findings rendered by the Family Court which requires interference at the hands of this Court exercising revisional jurisdiction. This R.P. is accordingly dismissed. M.N.KRISHNAN JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008