IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 RPFC.No. 438 of 2007() ---------------------- MC.393/2005 of FAMILY COURT, MANJERI .................... PETITIONER:RESPONDENT: ------------------------------------------ ABDUL SHUKOOR, AGED 28 YEARS, S/O. ATHIKKAVIL MOIDEEN, KOLAPPURAM VEEDU, MOYANGALLUR, ANDHIYARKUNNU P.O. ERNAD TALUK BY ADV. MR.BABU S. NAIR RESPONDENT(S): PETITIONERS: ------------------------------------------------- 1. RUKHIYA, AGED 25 YEARS,D/O. ALAVIKUTTY, PANDIYATHUMMAL HOUSE, CHEKODE AMSOM,OMANUR P.O. ERNADU TALUK. 2. YASIRA, AGED 6 YEARS, MINOR, 3. MUHAMMED JABIR, AGED 3 YEARS,MINOR, 4. NISHLA SHERIN, AGED 1 YEAR, MINOR, (MINOR PETITIONERS ARE REPRESENTED BY THE GUARDIAN MOTHER, THE IST PETITIONER) R1 TO R4 BY ADV.MR.K.M.SATHYANATHA MENON THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.11057/2007 IN RP(FC) NO.438/2007 DISMISSED 11/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.438 OF 2007 ............................................. Dated this the 11th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Manjeri in M.C.No.393/2005. The three minor children of the revision petitioner were granted maintenance at the rate of Rs.650/=, Rs.500/= and Rs.500/=. It is against that decision, the husband has come up in revision. 2. Heard the learned counsel for both sides. It is contended before me that the husband is not having any proper employment and he is in Bombay in search of a good employment. The wife on the other hand would contend that he has gone abroad and therefore he is having reasonable income. It has also come out in evidence that this young man had married another lady and a child is born to him on that wedlock as well. He has got his parents in the native place to look after. There is no precise material to fix the income of the revision petitioner for fixing the quantum of maintenance. The two children were only aged 3 year and one year at the time of filing of the petition. : 2 : Therefore, I feel that the revision can be disposed of as follows: 3. Maintenance to the first child at the rate of Rs.650/= is sustained. Maintenance to second and third children shall be at the rate of Rs.400/= per month from the date of petition till today and at the rate of Rs.500/= from today. The mother can receive the maintenance. I make it very clear that the parties are entitled to move for variance, if there is change of circumstance as contemplated under Section 127 of Cr.P.C. M.N. KRISHNAN, JUDGE cl : 3 :