IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 RPFC.No. 37 of 2008() --------------------- MC.382/2003 of FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT ----------------------------------------------- ABOOBACKER SIDDIQUE, S/O KUNHUMUHAMMED, CHATHATHIYITHARA HOUSE, KARUVANATHURUTHI P.O., MADATHILVEEDU, FEROKE AMSOM, NELLUR DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: PETITIONERS ------------------------ 1. MARIYAMBI, AGED 32 YEARS, D/O PERAKKOTTU MUSESS, CHEMMANKUZHI HOUSE, FEROKE P.O., PUTTEKKATTU. 2. AZERUDDIN, AGED 7 YEARS(MINOR) 3. AFSAL, AGED 5 YEARS,(MINOR), 2ND AND 3RD PETITIONERS REPRESENTED BY 1ST PETITIONER, MARIYAMBI. BY ADV. SRI.T.G.RAJENDRAN PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` R.P.F.C. No. 37 OF 2008 ```````````````````````````````````````````````````` Dated this the 11th day of February, 2008 O R D E R This revision is directed against a direction under section 125 Cr.P.C. issued to the petitioner to pay maintenance at the rate of Rs.1,500/-, Rs.800/- and Rs.800/- respectively to the claimants, his wife and children aged 7 years and 5 years respectively. 2. Marriage is admitted. Paternity is also admitted. Separate residence is conceded. That the petitioner is living with another woman by name Hajira is also admitted. The claimant wife asserted that she was living separately because of the cruelty towards her including keeping of a mistress by the petitioner. The claimant wife examined herself as PW1 and the petitioner examined himself as RW1. The learned Judge of the Family Court, on evaluation of all the relevant inputs, came to the conclusion that the claimants have RPFC.37/08 : 2 : succeeded in establishing their claim. 3. The petitioner claims to be aggrieved by the impugned order. What is the grievance? The learned counsel for the petitioner submits that the petitioner is afflicted with Tuberculosis. He is not able to work and earn his livelihood. He was earlier a meat seller. He had later gone to Gujarat in search of employment. Because of his inability to secure any employment there, he was returned to his native place. In these circumstances, the quantum of maintenance awarded is excessive, urges the learned counsel for the petitioner. 4. The petitioner, the court below found, is an able bodied person who has not been succeeded in adducing any semblance of evidence to show that he is afflicted with Tuberculosis. He was admittedly having employed as a meat seller earlier. He had admittedly gone to Gujarat in search of employment. With full knowledge of the liability to pay maintenance to his wife and children, he has voluntarily RPFC.37/08 : 3 : embraced the responsibility to maintain another woman. All these indications must eloquently convey to the Court his ability to work, earn his livelihood and pay reasonable amounts as maintenance to his wife and children. The amount awarded by the learned Judge of the Family Court is, in the facts and circumstances of the case, found to be absolutely reasonable and just. The quantum of maintenance does not warrant interference by invocation of the revisional jurisdiction of superintendence and correction. In any view of the matter, no revisional interference is warranted. 5. This revision petition is accordingly dismissed. (R.BASANT, JUDGE) aks