IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 RPFC.No. 422 of 2009() ---------------------- MC.170/2009 of Family Court, MALAPPURAM. .................... REVISION PETITIONER/RESPONDENT -------------------------------------------------- C.PARAMESWARAN.40 YEARS, S/O.BHARAGGAVI AMMA, MENATH VEEDU, P.O.ERAVAKKADU, KOLLANNOOR, KUMARANELLOOR VIA., PALAKKAD DISTRICT, CHALISSERY POLICE STATION. BY ADV. SRI.MILLU DANDAPANI RESPONDENT(S): PETITIONERS --------------------------------------- 1. SOBHANA, 34 YEARS, D/O.UNNIKRISHNAN NAMBYAR, NELLISRAMAL VEEDU,ALAMKODE AMSOM, KAKKIDIPPURAM DESOM, P.O.ALAMKODE, MALAPPURAM DISTRICT,CHANGARAMKULAM POLICE STATION. 2. MIDHUNA, 8 YEARS (MINOR) (MINOR PETITIONER IS REPRESENTED BY GUARDIAN, MOTHER 1ST PETITIONER) ADV. SRI.RAJESH SIVARAMANKUTTY FOR R1-2 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 422 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.170/09. The husband is directed to pay a maintenance at the rate of Rs.1,500/- to the wife and Rs.800/- to the child. It is against that decision the husband has come up in revision. 2. Heard. The principal dispute centers round the quantum that is ordered. According to the wife the husband is employed with M/s Uttam Road Ways having a monthly income of Rs.22,000/- whereas the husband would contend that his salary is only Rs.3,500/-. The Family Court held that since the man is having an experience of 15 years his salary may not be as contended by him and on that presumption ordered maintenance. I cannot find fault with the Family Court for the reason that it is only making assessment on a guess when materials are lacking. There is no evidence to show what is the income of the person. It can be reasonably R.P.(F.C.) NO. 422 OF 2009 -:2:- said that he may be having a reasonable income. So taking into consideration that aspect I am inclined to show a slight leniency by reducing the maintenance of the wife to Rs.1,200/- and retaining the maintenance to the child at Rs.800/-. In the result R.P.(F.C.) is disposed of by modifying the order and refixing the quantum of maintenance at the rate of Rs.1,200/- per month to the wife and Rs.800/- per month to the child payable from the date of petition. The amount due to the minor can be drawn by the mother. M.N. KRISHNAN, JUDGE. ul/-