IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 RPFC.No. 454 of 2009() ---------------------- MC.72/2009 of Family Court, KASARAGOD. .................... REVISION PETITIONER/ PETITIONER ---------------------------------------------- SHEELA K AGED 30 YEARS, D/O.CHANDRAN, W/O.RAJU NAKKAYAM, PARAPPA PO PARAPPA VILLAGE, HOSDURG TALUK, VELLARIKUNDU POLICE STATION. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT(S)/ RESPONDENT : ---------------------------------------- RAJU V.N AGED 40 YEARS, S/O.NARAYANAN BALAL VILLAGE, HOSDURG TALUK. ADV. SRI.SOJAN MICHEAL FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 454 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Kasaragod in M.C.72/09. Family Court declined maintenance to the wife and aggrieved by the same she has approached this Court in revision. 2. Heard. The case of the wife is that the husband has treated her with cruelty and virtually had thrown her out from the matrimonial home and had refused to give any maintenance. According to her he is an expert mason having a daily income of Rs.200/-. 3. The respondent would contend that the petitioner belongs to Nair community whereas he is a member of the schedule caste. It was an arranged marriage. It is submitted that the wife had a second thought about the marriage that has made his life miserable virtually leading to a separation. 4. Now the case of the wife is to the effect that the husband is an alcoholic and he used to ill-treat her and R.P.(F.C.) NO. 454 OF 2009 -:2:- virtually thrown her out of the house which made her live separately. Why should a lady after knowing that she is marrying a man from another community gets married and immediately develop a second thought about the same. It is not the caste which has made her thought about the whole thing but the alcoholism of the husband. When people consume alcohol their balance normally goes off and they start behaving in a rude manner which will certainly make the matrimonial home miserable. When it goes beyond a stage the rupture becomes complete and separate living starts. Therefore the conduct of the husband is responsible for her go away from the matrimonial home and therefore the finding of the Family Court that there is no reason for her to live separately is not acceptable. Therefore I find there is reason to live separately. 5. Now turning to the quantum. It has to be stated that the husband is a mason by profession. Though no reliable materials are available I feel a maintenance of Rs.1,000/- per month to the wife can be ordered without any hesitation. R.P.(F.C.) NO. 454 OF 2009 -:3:- In the result R.P.(F.C.) is allowed and the order passed by the Family Court in the M.C. is set aside and the wife is granted a maintenance at the rate of Rs.1,000/- per month payable from the date of petition by the husband. M.N. KRISHNAN, JUDGE. ul/-