IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 RPFC.No. 188 of 2009() ---------------------- MC.296/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER/RESPONDENT: ------------------------------- MUHAMMEDKUTTY, S/O.KADER, THATTARUTHODI HOUSE, KOADUMUDI, VALIYAKUNNU P.O., MALAPPURAM DISTRICT. BY ADV. SRI.SAJU.S.A RESPONDENT(S): PETITIONERS: ------------------------------------ 1. FATHIMA SUHARA, D/O.HASSAN, KUNNATHODI HOUSE, ADHIKARIPPADI, EDAYOOR NORTH P.O TIRUR TALUK, MALAPPURAM DISTRICT. 2. IRSHADALI (6 YEARS, MINOR) REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT. ADV. SRI.K.K.MOHAMED RAVUF FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 188 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.296/08. The husband has been directed to pay a maintenance at the rate of Rs.1,500/- per month to the wife and Rs.500/- per month to the child. Aggrieved by the same the husband has come up in revision. 2. Heard. Learned counsel for the revision petitioner would contend that the revision petitioner is a cardiac patient who had undergone treatment in Chitra Tirunal Institute of Medical Sciences and therefore his earning capacity has dwindled down and therefore the court below erred in fixing the quantum of maintenance. The wife got married at the age of 13 years and a child had been born in the wedlock and it is seen that the husband had worked abroad. He is an expert driver. He is also in the habit of going for digging wells and he has worked as even a head load worker. So it can be seen that he is a very resourceful man with lot of enthusiasm and R.P.(F.C.) NO. 188 OF 2009 -:2:- ultimately that enthusiasm has led him to wed again even after those sufferings and he is now living a new matrimonial life with the new wife. His personal law permits him to do so but equally cast the liability on him to look after the previous wife and child also with equanimity and also equally. He cannot shirk the responsibility of looking after his wife and child. So from my discussions earlier it can be seen that he is a man proficient in many works and is an enterprising person as well and therefore he has to maintain the wife and child. True, when a person suffers a cardiac problem the confidence will certainly diffuse and the capacity to work also will come down. So taking note of those factors I am inclined to show a slight leniency by reducing the maintenance ordered to the wife from Rs.1,500/- per month to Rs.1,200/- per month and retain that of the child. 3. Accordingly the revision petition is disposed of by reducing the maintenance amount at the rate of Rs.1,200/- per month to the wife and Rs.500/- per month to the child R.P.(F.C.) NO. 188 OF 2009 -:3:- payable from the date of petition and the mother is entitled to receive the amount on behalf of the child. The amount, if any, paid or deposited shall be given credit to. M.N. KRISHNAN, JUDGE. ul/-