IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 RPFC.No. 14 of 2007() --------------------- MC.1/2006 of FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT: --------------------------------------------------------- KANIYAR THODIKA AHAMMED, S/O.AYAMU, VANIYAMBALAM P.O., WANDOOR, MALAPPURAM DISTRICT. BY ADV. MR.K.SHIBILI NAHA RESPONDENT(S): PETITIONERS: ------------------------------------------------- 1. MANJERI JAMEELA, D/O.ALAVINNI, VALLIKKOTT, POONGOD, VELLAYOOR AMSOM. 2. MEHAROOFA, 15 YEARS (MINOR). 3. NIJAS, 12 YEARS(MINOR), (MINOR PETITIONERS 2 & 3 ARE REP. BY THE GUARDIAN MOTHER THE 1ST RESPONDENT). BY ADV. MR.BABU S. NAIR THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.642/07 IN RP(FC) NO.14/2007 DISMISSED 12/01/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 14 OF 2007 = = = = = = = = = = = = = = = Dated this the 12th day of January, 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.1/06. The couple got married in 1989 started living separately in 1993 and it is averred that they rejoined in 1997 and again separated in 2005. The Court below found that for a period of 12 years the total maintenance paid by the husband is Rs.12,800/-. He had also remarried and is living with his new wife and children. The learned counsel for the revision petitioner would contend that it was only on the fault of the first wife that she was living separately. The case will speak for itself and the attitude of the husband to the wife in the form of maintenance is evidenced by the discussion in paragraph 6 of the order. It is true that Mohammedan Law permit to marry more than once but the Mohammedan Law also states that if you marry more than once he has to treat his wives equally and also to look after them equally. That is what is not done by the husband R.P.(F.C.) NO. 14 OF 2007 -:2:- and ordinarily a wife with three children will not desert her husband especially when she is having no financial resources. Admittedly the husband is running a mobile tea shop and therefore taking note of the entire situation I hold that the wife and children are living separately for proper reason and therefore award a reasonable quantum whereby the wife has to be paid a maintenance of Rs.600/-, the first son Rs.500/-, 2nd child Rs.500 thus making a total sum of Rs.1,600/- which will be payable from the date of petition. The amount already paid or deposited shall be taken credit of. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-