IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 RPFC.No. 65 of 2004() ------------------------------- MC.66/2002 of THE FAMILY COURT, ERNAKULAM .................... PETITIONERS/PETITIONERS ----------------------- 1. RAMEESA, AGED 31 YEARS, THAMMANAM, PONURUNNI DESOM, POONITHURA. 2. SHAMEER, AGED 11 YEARS S/O. SHAJAHAN, REPRESENTED BY HIS MOTHER AND NEXT FRIEND RAMEESA, 1ST PETITIONER 3. SHAMEENA, AGED 9 YEARS, DO.DO. BY ADVS.MR.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENT(S): RESPONDENT ------------------------- SHAJAHAN, AGED 35 YEARS, S/O. MUHAMMED, KIZHAKALAN VEETTIL, MUPPATHADAM, ALUVA. ADV. SMT.NAINA RAJI NAIR THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 65 OF 2004 = = = = = = = = = = = = = = = Dated this the 5th day of January, 2010. J U D G M E N T This revision is preferred against the order of the Family Court, Ernakulam in M.C.66/02. The wife and two minor children are the petitioners before the Family Court against the husband claiming maintenance. The respondent, husband did not co-operate or participate in the trial. An affidavit was filed before the trial court by the wife and she had elaborated the reason for separate residence. It is also averred by her that the husband is a contractor besides an expert mason and that he was working in gulf countries for years together. It is also deposed by her that the children are studying in the school and they require fees at the rate of Rs.120 per month and auto charge of Rs.150 besides other maintenance. She also requires a sum of Rs.1,500/- for the monthly maintenance. It is to be remembered that under the present set up the cost of living has gone considerably high and the averment in the R.P.(F.C.) NO. 65 OF 2004 -:2:- affidavit regarding the income of the husband are not controverted. The two children has to be educated in an English medium school. At least the bare minimum expenses has to be incurred besides their expenses for food, shelter etc. So taking into consideration those aspects I am inclined to increase the quantum of maintenance to Rs.1,300/- to the wife and at the rate of Rs.1,200/- each to the children. In the result R.P.(F.C.) is disposed of modifying the order and the wife is permitted to have a maintenance at the rate of Rs.1,300/- and children at the rate of Rs.1,200/- each that too from the date of petition. M.N. KRISHNAN, JUDGE. ul/-