IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 RPFC.No. 72 of 2004() --------------------- MC.118/1999 of Family Court, Kottayam .................... REVISION PETITIONER/COUNTER PETITIONER: ------------------------------------------------------------------------ P.S.ISMAIL, NAZEEB 17/118, NEAR WATER TANK, TATHAMANGALAM, PALAKKAD. BY ADV. MR.SUNNY MATHEW RESPONDENT(S): PETITIONERS: ------------------------------------------------- 1. KUNJU KHADEEJA, KOIPPURATHU, KUMMANAM P.O., KOTTAYAM. 2. SHABANA ISMAIL, KOIPPURATHU, KUMMANAM P.O., KOTTAYAM. 3. FIROZ ISMAIL, KOIPPURATHU, KUMMANAM P.O., KOTTAYAM. R1 TO R3 BY ADVS. MR.MATHEW JOHN, MR.SUJESH MENON V.B. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== RP(FC) No.72 OF 2004 ===================== Dated this the 10th day of February 2009 O R D E R This revision petition is preferred against the order of the Family Court, Kottayam in M.C.No.118 of 1999. The wife and two children of the revision petitioner moved an application for maintenance and the court awarded maintenance at the rate of Rs.500/- to the wife and Rs.400/- each to the minor children. It is against that decision, the husband has come up in appeal. 2. It has to be stated that he has remarried. Admittedly he was or is running a stationary shop. When the running of a stationary shop is admitted and if he has stopped the business, it is for him to prove the same. There are no materials to prove the same. But, at the same time, it has to be stated that there is no definite evidence to show what is the income derived by him from the said business. But, he is a healthy man who has remarried. So, he is capable of maintaining his wife and children. 3. After considering the submissions made by the learned counsel for the petitioners, I am inclined to reduce the maintenance to the children by RP(FC) 72/2004 -:2:- Rs.50/- each and maintain the order of maintenance in favour of the wife. Therefore RP(FC) is allowed in part and the wife is entitled to get maintenance at the rate of Rs.500/- per month and the children at the rate of Rs.350/- each. The mother is authorised to receive the amount for the minors. M.N.KRISHNAN, JUDGE Cdp/-