IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 RPFC.No. 257 of 2006() ---------------------- MC..42/2005 of FAMILY COURT, THIRUVALLA .................... PETITIONER/COUNTER PETITIONER ------------------------------------------------- SADANANDAN N.R., NIRAVEL VEEDU,, ATTACHAKKAL EAST, ATTACHAKKAL P.O., PATHANAMTHITTA. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): PETITIONERS ------------------------------------ 1. SAVITHRY T., KUNNATHU VEEDU, ANASARICKAL, MALAYALAPPUZHA ERAM P.O., PATHANAMTHITTA DISTRICT. 2. SAJEEV N., (UNSOUND MIND), S/O.SAVITHRY, DO. DO. 3. SHYNU N. (UNSOUND MIND), S/O.SAVITHRY, DO. DO. ADV. SRI.R.SANTHOSH BABU THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 257 OF 2006 = = = = = = = = = = = = = = = Dated this the 23rd day of February, 2010. O R D E R This revision is preferred against the order of the Family Court, Thiruvalla in M.C.42/05. The wife and two major mentally retarded children moved an application for maintenance against the husband and the court below on finding that the wife is having an income of Rs.531/- refused her maintenance and granted the two mentally retarded children maintenance at the rate of Rs.600/- each. It has to be remembered that mentally retarded children requires real consideration and it is not correct on the part of any person to deprive them of maintenance and leaving it to the mercy of the mother who does not have much resources and income at all. The husband has attempted to project his misery by stating that he is suffering from pulmonary tuberculosis and there are materials to show that he had undergone treatment for the same. It is also certified by the Doctor that he can do unskilled labour. It is unfortunate that this man who had been R.P.(F.C.) NO. 257 OF 2006 -:2:- working in the Harison Malayalam Plantation had retired and is not financially very affluent. He has chosen the task of examining 8 witnesses in this case. But the evidence which the Court has to look into is that of the Doctor who had stated that he can do unskilled labour. The mentally retarded children has no source at all and they cannot be left to the mercy of the society stating that father is having tuberculosis and therefore he need not maintain them at all. It will be a cruelty inflicted on the already unfortunate children. The Family Court has taken into consideration all the materials together and has only awarded a minimum maintenance of Rs.600/- each to the children which means that it is extremely reasonable and the finding does not call for any interference. Therefore the revision is dismissed. M.N. KRISHNAN, JUDGE. ul/-