IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 RPFC.No. 32 of 2010() --------------------- MC.610/2009 of FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT: ------------------------------------------------------------ KODAKKADAN SALEEM, AGED 42 YEARS, S/O.ASSAINAR, KODAKKADAN HOUSE, THELAKKAD.P.O, KARIAVATTOM AMSOM, THELAKKAD DESOM, PERINTHALMANNA TALUK. BY ADVS. MR.V.L.SHENOY, MR.L.JAYAWANTH. RESPONDENT(S): PETITIONERS: ------------------------------------------------- 1. HAFSATH, AGED 37 YEARS, D/O.SAIDALI, THAMARATH HOUSE, THELAKKAD.P.O. 2. MUHAMMED SAFOOVAN, AGED 6 YEARS(MINOR) S/O.K.SALEEM, REPRESENTED BY MOTHER AND GUARDIAN- HAFSATH(IST RESPONDENT). BY ADV. MR.K.M.SATHYANATHA MENON THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.811/2010 IN RP(FC) NO.32/2010 DISMISSED 30/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.32 OF 2010 ............................................. Dated this the 30th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.No.610/2009. This is an application filed for enhancement of the maintenance ordered at the rate of Rs.600/= to the wife and Rs.500/= to the child as per the order dated 17.9.2003. 2. The wife moved an application stating that the necessity to have more amount is iminent as the cost of living has escalated to that extent and there is also educational expense for the child. It is further submitted that the husband is now working in UAE and earning a monthly income of Rs.25,000/=. On the other hand, the husband would contend that he was an auto rickshaw driver and he had left for Gulf country and he is working in a hotel having 550 Dhrms as his salary per month. It is also submitted that he had suffered some accident and that has also reduced his working capacity. Equally it has come out in evidence that he has again married and children are born in the wedlock. : 2 : R.P.(F.C).No.32 OF 2010 3. Under Muhammadan's law, one can marry more than one, that too under exceptional circumstance and at the same time when a person marries in the second time it is the cardinal principle that he must be able to treat the wife equally with that of the first wife. The law does not grand a carte blanche power to Muslims to marry any number of times. The sacred law always reminds him of his duty. In the family court when the power of attorney holder was examined, he gave a version to the question that in Abudabi his minimum wage is 1500 Dhrms. The family court considers it as the income and fixed the maintenance. 4. I am afraid whether one will be justified in fixing the income of a person on the basis of such answers given by a layman as he has nothing to do with the laws of the country. But when a person goes away from the country, he always goes for better employment and if the income is ridiculously low, he may not stay there leaving apart his family and working in the hot son. So there will be a reasonable income for the man. The family court ordered maintenance fixing at Rs.600/= and Rs.500/= only in the year : 3 : R.P.(F.C).No.32 OF 2010 2003. Now within 6 years it is enhanced by the family court by 500%. It may not be proper. Certainly a reasonable hike is necessary but not to this extent. 5. Therefore taking into consideration all the probable income of the person coupled with the fact that he has to maintain his wife and children, I feel that it is a fit case where leniency can be shown by refixing the maintenance of the wife at Rs.2,000/= and that of the child at Rs.1,200/=. 6. In the result, the revision petition is partly allowed and maintenance to the wife is refixed at Rs.2,000/= and that of the child at Rs.1,200/= payable from the date of filing of the petition. The mother can receive the amount on behalf of the minor. If any amount is paid or deposited, that shall be given credit to and the balance need be paid. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : R.P.(F.C).No.32 OF 2010