IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 RPFC.No. 62 of 2009() ------------------------------- MC.175/2008 of THE FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT ---------------------------------- ABOOBACKER,AGED 45 YEARS,CHETTIYAR THODIKA HOUSE, PARAKKUM CHALIL, RAMANKUTHU.P.O,NILAMBUR TALUK, NILAMBUR POLICE STATION. BY ADVS. MR.V.RAJENDRAN MR.P.SAMSUDIN RESPONDENT(S): PETITIONER ------------------------- SUBAIDA, AGED 38 YEARS,D/O.ALAVI, KANHIRAMPARA HOUSE, MAMBATTUMOOLA.P.O, NILAMBUR TALUK, KALIKAVU POLICE STATION. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MA. NO.1886/2009 IN RPFC. NO.62/2009 DISMISSED 23/03/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 62 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2010. O R D E R This revision is preferred against the order of maintenance passed in favour of the wife by the Family Court, Malappuram in M.C.175/08. The Family Court granted an order of maintenance at the rate of Rs.1,500/- per month from the date of petition. It is against that decision the husband has come up in revision. 2. Heard. The only point to be considered is regarding the quantum. It has come out in evidence that the wife is not having any avocation or income. According to the wife the husband is running a grocery shop, he is an agriculturist and a driver by profession. The husband would categorically deny running of any grocery shop or owning of any agricultural land. He would submit he is having a licence to drive heavy vehicle and that he was driving a bus. Learned counsel would point out that on account of the back pain he is not able to do driving and virtually he is rendered jobless and therefore the R.P.(F.C.) NO. 62 OF 2009 -:2:- quantum has to be interfered with. Except his mere oral assertion regarding the back pain no document is produced to prove the same. Therefore being an able bodied man he has to maintain his wife. In the absence of any concrete evidence to prove precise income of the husband I am inclined to reduce the maintenance by Rs.200/- and fix it at Rs.1,300/- per month. In the result R.P.(F.C.) is allowed in part by modifying the order of maintenance from Rs.1,500/- to Rs.1,300/- per month payable from the date of petition. If any amount is deposited let it be drawn by the petitioner in the M.C. M.N. KRISHNAN, JUDGE. ul/-