IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 RPFC.No. 176 of 2007() ------------------------------- THE ORDER DATED 7.12.06 IN M.C.NO.102 OF 2006 OF THE FAMILY COURT, MALAPPURAM. PETITIONER / RESPONDENT ------------------------------------------- ALIKUTTY, AGED 39 YEARS, S/O.MAMMUTTI, KALLIYATH, PERUMANNA, RAHMANIYA NAGAR, P.O.VALAKULAM. THROUGH POWER HOLDER MOHAMMED ASHRAF. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS / PETITIONERS --------------------------------------------- 1. SHAKEELA, 34 YEARS, D/O.AHAMMED KUTTY HAJI, KOLAKKATTIL, KOLAPPURAM SOUTH, A.R.NAGAR P.O., 2. MUHAMMED LUBAIB, 15 YEARS (MINOR) THROUGH GUARDIAN MOTHER FIRST RESPONDENT, DO. DO. 3. LUKKUMOL HAKEEM, AGED 7 YEARS (MINOR) THROUGH GUARDIAN MOTHER FIRST RESPONDENT -DO- -DO- 4. MUHAMMED LUTHAIF, AGED 5 YEARS (MINOR) THROUGH GUARDIAN MOTHER FIRST RESPONDENT, -DO- -DO- ADV. SRI.AUGUSTINE JOSEPH THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON 10/03/2010 PASSED THE FOLLOWING: M.N.KRISHNAN,J. ====================== R.P.(F.C).No.176 OF 2007 ====================== Dated this the 10th day of March 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.No. 102/2006. The minor petitioners represented by their mother have moved this application for maintenance against their father. The Family Court ordered Rs. 1,500/- to the first child, Rs.1,200/- to the second child and Rs.1,000/- to the 3rd child. It is against that decision, the revision petitioner has come up before this court. 2. Heard. Perused the records. It has to be stated that the father is under a legal obligation to maintain his children. Admittedly, there is no case that children are being looked after by the father. The wife would depose that the husband is well employed in the Gulf country and he is running a hotel as well as a taxi and his minimum income is Rs.30,000/-per month. On the other hand, the husband R.P.(F.C).No.176 OF 2007 2 would contend that he is only a manual labourer in the house of a Arabi and therefore, he is not having any substantial income. 3. It is also a fact that the husband is abroad for the last so many years. Precisely there is no evidence to show regarding his income. But the fact remains that he is away at Gulf country and his contention that he is there without any employment cannot be accepted. But in the absence of some materials to fix the maintenance, only a reasonable amount can be ordered, considering his employment abroad. Therefore, I modify the award of the Family Court and fix the maintenance to the children at the rate of Rs. 1,000/- each. In the result R.P.(FC) is disposed of by reducing the quantum of maintenance in favour of the children from the amount ordered to Rs.1,000/- each payable from the date of the petition. The mother is at liberty to receive the amount on behalf of the minor child. M.N.KRISHNAN,JUDGE. mns