IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 RPFC.No. 243 of 2007() -------------------------------- MC.309/2006 of THE FAMILY COURT, MALAPPURAM. ................ REVISION PETITIONER (S)/RESPONDENT: --------------------------------------- ABDUL RASAKH K.P., AGED 31 YEARS, S/O. POCKER (LATE), KUNIYAMPATTA HOUSE, POONGODE P.O., NILAMBUR TALUK, MALAPPURAM DIST. BY ADV. MR.P.SAMSUDIN RESPONDENT(S): PETITIONERS: --------------------------- 1. SULAIKHA, AGED 29 YEARS, D/O. ABOOBACKER, KAPPAKUNNAN HOUSE,PUNNAPPALA P.O. WANDOOR (VIA), NILAMBUR TALUK, MALAPPURAM DIST. 2. MOHAMMED ASHIK, AGED 5 YEARS, S/O. ABDUL RASAKH (MINOR, REPRESENTED BY THE MOTHER 1ST RESPONDENT). R1 & R2 BY ADVS.MR.SAKIR.K.H. MR.K.ANTONY JOSEPH, MR.JAYAKRISHNAN.C.H. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.A. NO.6672/2007 IN RRPFC. NO.243/2007 DISMISSED 28/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.243 OF 2007 ............................................. Dated this the 28th day of January, 2010. O R D E R This revision is preferred against the order of maintenance passed in MC.309/2006 of the Family Court, Malappuram. The wife and son had claimed maintenance against the revision petitioner. The court below ordered maintenance at the rate of Rs.1500/= to the wife and Rs.700/= to the child. 2. It is the contention of the husband that there is no reason for the wife to live separately and that he is only a Madrassa teacher by profession. He is not having sufficient income and so the quantum awarded is also excessive. So far as the separate living is concerned, the wife would depose that she had been deserted by the husband and he had not bothered to look after her. It has also come out in evidence that he had remarried. So, considering the facts and circumstances, I find that the wife has got reasonable ground to live separately. 3. Turning to the quantum. The wife would contend that her husband is a teacher in Madrassa as well as khasi. : 2 : The husband would contend that he is only a Madrassa teacher having an income of Rs.1,000/= per month. It is also stated by him that his father had 30 cents of land and after his father's death there are five legal hires to that property. It can be seen from the evidence available that the work in the Madrass is in between 7.15 a.m to 9.30 a.m and rest of the time also can be made by use of a young and capable man for earning some amount. It is true that being a teacher of Madrassa he may not be able to do very hard wok and therefore taking note of the entire situations, I feel it is only just and reasonable to award a sum of Rs.1,000/= to the wife as maintenance and Rs.500/= to the child as maintenance. Therefore the revision petition is disposed of by modifying the order of maintenance in favour of the wife to Rs.1,000/= and to the child at Rs.500/= payable from the date of petition. If any amount is already paid or deposited that can be given credit to as well. M.N. KRISHNAN, JUDGE cl : 3 : : 4 :