IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 RPFC.No. 33 of 2008() --------------------- MC.272/2005 of FAMILY COURT, ERNAKULAM .................... PETITIONER/ RESPONDENT: ---------------------------- SAJEESH KUMAR P.G., AGED 37, S/O.GOVINDAN, POTTAIKATTUVEEDU, MAMBULLY, KANDASAMKADAVU P.O., THRISSUR REP.BY POWER OF ATTORNEY HOLDER, P.V.GOPALAN, S/O.E.K.VASUDEVAN, POTTEKAT(H), MAMBULLY, KANDASAMKADAVU THRISSUR. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.RAVI K.PARIYARATH RESPONDENTS: PETITIONER: ------------------------ 1. BINDU.P.S., AGED 34, D/O.SIVAN, "SOUPARNIKA", PULLATTUKUZHI, AYYAMPILLY P.O., KUZHUPPILLY, ERNAKULAM DISTRICT. 2. GOPIKA, MINOR, D/O.BINDU P.S. REP. BY MOTHER AND GUARDIAN THE FIRST PETITIONER, "SOUPARNIKA", PULLATTUKUZHI, AYYAMPILLY P.O., KUZHUPPILLY, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` R.P.F.C. No. 33 OF 2008 ```````````````````````````````````````````````````` Dated this the 8th day of February, 2008 O R D E R This revision petition is directed against a direction under section 125 Cr.P.C. to pay maintenance at the rate of Rs.1,250/- and Rs.1,000/- respectively to the claimants, admittedly, the wife aged 34 years and child aged 8 years of the petitioner herein. 2. Marriage is admitted. Separate residence is admitted. The court below found the wife entitled for separate maintenance and accordingly issued the impugned direction. 3. The petitioner claims to be aggrieved by the impugned order. Called upon to explain the nature of challenge which the petitioner wants to raise against the impugned order, the learned counsel for the petitioner contends that the quantum of maintenance awarded is excessive. 4. The amount ordered as stated earlier is only Rs.1,250/- and Rs.1,000/- respectively to the wife and child RPFC.33/08 : 2 : from the date of the petition. The petitioner is admittedly employed abroad. There is nothing to show that the claimants have any other means. I am, in these circumstances, satisfied that the challenge against the quantum of maintenance awarded is without any merit and the revision petition only deserves to be dismissed. The inability of the wife to produce any documents to show the income of her husband employed abroad cannot persuade this Court to conclude that there is no sufficient evidence about the means of the husband. Reasonable inferences and deductions have to be made. Admittedly, the petitioner is employed abroad. That premise is, according to me, more than sufficient to justify the direction to pay the meagre amounts of Rs.1,250/- and Rs.1,000/- respectively to the wife and child. This revision does not deserve admission to consider the contentions raised. I am satisfied that the revision petition only deserves to be dismissed. I do so. (R.BASANT, JUDGE) aks