IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 RPFC.No. 60 of 2009() -------------------------------- MC.73/2008 of THE FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT ----------------------------------- HAMASA MADAMBRA, 40 YEARS,S/O.UNNEEN, MADAMBRA HOUSE,ARIYAKUNDU,BHEEMANAD, ALANALLOOR P.O. MANNARKKAD TALUK, PALAKKAD DIST. BY ADV. MR.DEVIDAS.U.K RESPONDENT(S): PETITIONER ------------------------- 1. KADEEJA VEMMULLI, 30 YEARS,D/O.MUHAMMED VEMMULLI HOUSE, EDAYATTOOR P.O.MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. FARSANA,10 YEARS,(MINOR)D/O.HAMSA MADAMBRA,REP.BY GUARDIAN MOTHER FIRST RESPONDENT. 3. SHIFANA, 4 1/2 (MINOR) D/O.HAMSA MADAMBRA, REP.BY GUARDIAN MOTHER FIRST RESPONDENT. R1 TO R3 BY ADV. MR.K.SHIBILI NAHA THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MA. NO.1798/2009 IN RPFC. 60/2009 DISMISSED 09/02/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.S. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 60 OF 2009 = = = = = = = = = = = = = = = Dated this the 9th day of February, 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.73/08. The second wife and children moved an application for maintenance and the Court below has granted a maintenance at the rate of Rs.2,000/- to the wife and Rs.800/- to the first child and Rs.500/- to the 2nd child. Aggrieved by the same the husband has come up in revision. 2. Heard the learned counsel for both sides. So far as separate living is concerned it has come out from the evidence that the husband is now residing with his first wife and children and even the photocopy produced would reveal that the second wife had given amount to the first wife most probably under the instructions of the husband. It is very difficult for two ladies to survive in a single matrimonial home and therefore I find valid reason for a separate living which is permissible and therefore I do not want to interfere with the said finding. R.P.(F.C.) NO. 60 OF 2009 -:2:- 3. The next question is the quantum. The husband was working in a gulf country. He had been deported in 2007 and his passport had been surrendered and now he is in the locality attempting to lead a matrimonial life with his first wife and children. Under Mohammedan law when one thinks about marriage for the second time during the subsistence of the first marriage it is his responsibility to see that the wife and the children can be properly looked after. The law never recognizes more number of marriages as a luxury but it only permits under unavoidable circumstances. But ignoring the correct social philosophy behind the same people indulge in more number of marriages and get into problem at a later stage. But now the husband is locked in a situation where he has to manage two families and he has come back from gulf country which would show that the income is substantially reduced. The account book produced by the wife would also show that amount has been received by the 2nd wife and it has been expended as well. Therefore really there is no clear picture to find out the income of the person at the same time R.P.(F.C.) NO. 60 OF 2009 -:3:- it can be seen that he has to look after two families. Being an able bodied man capable of doing work and experience in some field one has to direct him to maintain both the families and taking stalk of those situations I am inclined to reduce the amount of maintenance ordered to the wife by Rs.500/- and retain the other that too from the date of petition. 4. Therefore the revision petition is disposed of by modifying the claim of maintenance awarded to the wife from Rs.2,000/- to Rs.1,500/- and retain the maintenance to the children at the rate of Rs.800/- and Rs.500/- respectively payable from the date of petition and the mother is authorised to receive the amount on behalf of the children. R.P.(F.C.) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-