IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 RPFC.No. 81 of 2007() --------------------- MC.614/2005 of The Family Court, Malappuram .................... REVISION PETITIONER/RESPONDENT (S): -------------------------------------------------- KOOMULLI PARAMBIL KUNHAN, AGED 46 YEARS, S/O.KUNHADI, KANDANAKAM, MUTHOOR (PO) PONANI TALUK, MALAPURAM DISTRICT, (PONANI POLICE STATION LIMITS). BY ADV. SRI.T.K.SAIDALIKUTTY SRI.P.M.KUNJIMOIDEENKUTTY SRI.P.A.MOHAMMED ASHROF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN RESPONDENT(S): PETITIONER ------------------------- 1. SATHI, AGED 29 YEARS, D/O.AYYAPPAN, VADAKKEKKOTTIL HOUSE, THALAKKAD AMSOM MANGATTIRI DESOM, MANGATTIRI (PO) TIRUR TALUK, MALAPPURAM DISTRICT, (TIRUR POLICE STATION LIMITS). 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.P.CHANDRASEKHAR SRI BENNY VARGHESE, SR. PUBLIC PROSECUTOR FOR R2. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 03/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jma M.N. KRISHNAN, J -------------------------. R.P.F.C No.81 OF 2007 -------------------------------- Dated this the 3rd day of February, 2010. O R D E R This revision petition is against the order of the Family Court, Malappuram in M.C.No.614/05. The wife has been awarded maintenance of Rs.1200/- and the husband has challenged the same. in revision. It has come out from evidence that the wife and husband are not in good terms and are living separately. It is submitted that there was an earlier maintenance case in which wife went along with the husband, but it did not fruitify and she has to go back. She has spoken about unfortunate circumstances which she has to be faced in the matrimonial home. Therefore I find that there are reasons to live separately. 2. The only question is regarding the quantum. It is only oath against oath. Here is a case, admittedly, the husband has to look after his aged mother and two sisters who are depending on him. It has come out in evidence that there are 35 cents of property for them altogether. But nothing has elicited to prove R.P.F.C No.81/07 2 what the income derivable from there. Admittedly it is a residential house and compound. So taking into consideration, age of the person and the fact that he is a coolie and he has to look after his mother and two sisters as well. It is well only just to pay maintenance at the rate of Rs.1,000/- per month. 3. In the result, revision petition is allowed, modifying the award payable by the husband to the wife at the rate of Rs.1,000/- per month payable from the date of petition. The revision petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. sou.