IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 RPFC.No. 37 of 2005() --------------------- MC.41/2004 of JUDL. MAGI. OF FIRST CLASS-I (FOREST OFFENCES), THODUPUZHA .................... PETITIONER/COUNTER-PETITIONER: ----------------------------------------------- GEORGE SON OF ULAHANNAN, PADINJARE MALIYEKKAL, KALLOORKKAD VILLAGE, MUVATTUPPUZHA TALUK. BY ADV. SRI.S.VIDYASAGAR RESPONDENTS: PETITIONER: ------------------------ SALETIA D/O. JOHN, KANDATHIKUDIYIL, WARD NO. 1, MEISSERY VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.K.J.KURIACHAN SMT.P.P.STELLA PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` R.P.F.C. No. 37 OF 2005 E ```````````````````````````````````````````````````` Dated this the 29th day of February, 2008 O R D E R This revision is directed against an order passed under section 125 Cr.P.C. directing the petitioner to pay an amount of Rs.1,000/- as monthly maintenance to the claimant, his wife. Marriage is admitted. Separate residence is admitted. There is no offer to maintain her on condition that she lives with him. The only contention raised was that the claimant wife is mentally unsound. The claimant examined herself as PW1. The petitioner did not choose to enter the witness stand. The court below chose to award only an amount of Rs.1,000/- per month as maintenance for the claimant wife. PW1 has not chosen to challenge the order. The petitioner claims to be aggrieved by the order. 2. What is the grievance? The learned counsel for the petitioner only submits that the quantum of maintenance R.P.F.C.37/05 : 2 : awarded is excessive. Less said about this contention, the better. The materials available suggest that the petitioner is having properties. He has not chosen to tender any evidence to deny these assertions. Even as an able bodied man, he has the liability to support his wife and child. The quantum fixed appears to be justified. The same does not warrant interference. This petition is, in these circumstances, dismissed. All amounts deposited before the court below shall forthwith be released to the claimant. (R.BASANT, JUDGE) aks