IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 RPFC.No. 148 of 2004(E) ---------------------------- MC.270/2003 OF FAMILY COURT, KOZHIKODE. .................... REVISION PETITIONER/RESPONDENT: ----------------------------------------------- ABDUL LATHEEF, S/O.KOYAKUTTY, AGED 42 YEARS, KAYYODIYIL VEEDU, PARAMBATH KAVU, MANIPPURAM, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): PETITIONER: ------------------------------------- MUHAMMED ABDHIL, AGED 3½ YEARS, S/O.SUBAIDA, MANIOR, REP. BY MOTHER SUBAIDA, D/O.MUHAMMED, KOLOTHUM THODI HOUSE, CHERUVADY POST, MAVOOR VIA, KOZHIKODE DISTRICT. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P(F.C.) NO. 148 OF 2004 = = = = = = = = = = = = = = = Dated this the 19th day of March, 2009. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.270/03. The petitioner therein is a minor child of the respondent and the matrimonial relationship between the mother of the child and her husband had been put to an end. It is submitted that the child is suffering from serious ailments and there is no capacity for the wife to look after the son. It is submitted by the wife that the husband is having two acres of land with rubber plantation and large bank deposits. On the contra the husband would contend that he is jobless and he is not having any money to pay the maintenance. After going through the entire materials it has to be stated that there are no concrete materials to establish regarding the possession of property or bank deposit by the husband. It has also come out in evidence that the child is suffering from serious ailments and undergoing treatment in the Medical College R.P(F.C.) NO. 148 OF 2004 -:2:- Hospital. Taking into consideration these aspects the matter has to be viewed. At any rate the husband is a 36 year old man with good physique who had remarried and is having a child in that remarriage. Such a husband or father cannot afford to say that he is not able to maintain his child especially when the child is unwell. Since there is no concrete evidence to establish what is the income derived and taking into consideration all the aspects I am inclined to reduce the maintenance from Rs.1,500/- to Rs.1,250/-. In the result the R.P.(F.C) is partly allowed and the maintenance is reduced from Rs.1,500/- to Rs.1,250/- and it has to be paid from the date of petition. M.N. KRISHNAN, JUDGE. ul/-