IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.MC.No. 934 of 2009() ------------------------------- CRRP.158/2004 of SESSIONS COURT, PALAKKAD .................... PETITIONER: --------------------- RADHAKRISHNAN S/O. LATE ARU, AGED 38 YEARS, KOLATHIL HOUSE, KAKKAMADA, CHENGANIYUR, MATHUR, ALATHUR, PALAKKAD. BY ADVOCATES MR.RAJESH SIVARAMANKUTTY SMT.A.PREMAKUMARI RESPONDENTS: ----------------------- 1. SUMATHI D/O. LATE KANDAN, AGED 33 YEARS, MUTHACHANKKAD, MUTHALAKULAM, THENKURISSI, ALATHUR, PALAKKAD. 2. ARUN D/O. SUMATHI, AGE 7(MINOR), MUTHACHANKKAD, MUTHALAKULAM, THENKURISSI, ALATHUR, PALAKKAD. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. 934 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2009 O R D E R This petition is filed to set aside the order of maintenance ordered by the Magistrate and confirmed by the Sessions Judge, Palakkad in Criminal Revision Petition No. 158 of 2004. The dispute is with respect to the quantum awarded. The learned Magistrate has awarded a sum of Rs.750/- to the wife and Rs. 250/- to the child. The suggestion put to the wife that the husband is prepared to maintain was negatived by her on the ground that he will harass and kill her. So how far it is a statement with sincerity has been considered by the courts below and amount has been awarded. If there is any change of circumstances law permits for an application to vary the same. It was contended before the court below that the present revision petitioner is having a fabulous income. But the court found that he is a man with 35 cents of property and with a good physique. Therefore the court took into consideration all landed property, his avocation and the necessity to look after his other relatives including the mother and passed the maintenance order fixing and very reasonable amount of Rs. Crl.M.C. 934 of 2009 -2- 750/- for the wife and Rs.250/- for the child. By any stretch of imagination it cannot be sought to be on the higher side. There is no scope to interfere and the petition lacks merits and dismissed. M.N.KRISHNAN, JUDGE rhs