IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 RPFC.No. 149 of 2005() ------------------------------- M.C.NO.372 OF 2003 ON THE FILE OF THE FAMILY COURT, MANJERI. REVISION PETITIONER: ---------------------------------------- IBRAHIMKUTTY, AGED 37, S/O. PATTATH KAHDER, PATTATH HOUSE, PACHATTIRI AMSOM, PARAVANNA DESOM, VAKKAD P.O., TIRUR TALUK. BY ADV. SRI.K.P.MUJEEB RESPONDENTS: ------------------------ 1. KHADEEJA, AGED 23, D/O. ASSAINAR, KOYASSANTAKATH HOUSE, PURATHUR AMSOM PADINHARAKKARA DESOM, PADINHARAKKARA POST, TIRUR TALUK. 2. HAKKEEM, MINOR AGED 8, (MINOR RESPONDENT IS REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT). ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE FOR R1,2 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON 10/03/2010 PASSED THE FOLLOWING: M.N.KRISHNAN,J. ====================== R.P.(F.C).No.149 OF 2005 ====================== Dated this the 10th day of March 2010. O R D E R This revision is preferred against the order of Family Court, Manjeri in M.C No. 372 /2003. Minor child moved this application for enhancement of maintenance. and the Family Court had granted some enhancement of maintenance at the rate of Rs.650/- from the date of petition and at the rate of Rs.850/- from the date of order. It is against that decision the husband has come up in revision. perused the records. It is an application under Section 127 of the Cr.P.C. The child was awarded a maintenance of Rs.400/- as per order dated 22.1.2001. The prayer for enhanced maintenance is made within a short period of two years and the Tribunal has enhanced the same. According to the wife, the husband is working abroad and is getting a total income of more than Rs.25,000/-. On the other hand, the husband would contend that he has come R.P.(F.C).No.149 OF 2005 2 back from abroad and he is in search of a job in the locality. It is also seen that the husband has deposed before the court that he is selling fish from which he earns about Rs.250/-, per day. It is true that the gap for filing an enhancement application is very narrow. Only the husband has come back from abroad and he is trying to do some other work in the locality. The matters which can be proved by documentary evidence are not attempted to be proved by the wife. So, I feel that there is no clear indication of the correct income of the person. As two years had elapsed there would have been some escalation of price and therefore a reasonable enhancement can be granted. It has also come out in evidence that the child is studying in a school where no fees is to be paid. Therefore taking into consideration all these facts I direct the revision petitioner to pay at the rate of Rs.600/- per month from the date of petition till the date of order i.e., from 19.7.2003 to 1.8.2005 and at the rate of Rs.700/- per month from R.P.(F.C).No.149 OF 2005 3 1.8.2005 onwords. The mother can receive the amount. The amount if any paid can be adjusted and balance amount alone need to be paid. Disposed of accordingly. M.N.KRISHNAN,JUDGE. mns