IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 RPFC.No. 176 of 2005() ---------------------- MC.350/2003 of FAMILY COURT,KOZHIKODE .................... REVISION PETITIONER(S): RESPONDENT: --------------------------------------------------------------- ALIKUNJI, S/O.MOIDEENKOYA, KONARAMBATH, NOW RESIDING AT P.B.NO.114, BELJURSHI, K.S.A. 22888, SOUDI ARABIA, REPRESEENTED BY POWER OF ATTORNEY HOLDER K.KUNJHAMMED HAJI, KONARAMBATH, PERUVAYAL DESOM, KOZHIKODE. BY ADV. MR.AYPE JOSEPH RESPONDENT(S): PETITIONERS: -------------------------------------------------- 1. RAHAMATH, D/O.MUHAMMED, KONARMBATH, P.O.PERVUVAYAL, VIA MEDICAL COLLAGE, KOZHIKODE. 2. MUHAMMED NOUFEL, S/O.RAHMATH, KONARAMBATH, P.O.PERUVAYAL, VIA. MEDICAL CCOLLEGE,KOZHIKODE. 3. SHAKKIRA, (MINOR), D/O.RAHAMATH, KONARAMBATH, P.O. PERUVAYAL, VIA, MEDICAL COLLAGE, KOZHIKODE. 4. ABDUL RAOF, (MINOR), S/O.ALIKUNJI & RAHAMATH, KONARAMBATH, P.O,PERUVAYAL,VIA MEDICAL COLLEGE, KOZHIKODE. 5. SAHAD (MINOR), S/O.ALIKUNJI, KONARAMBATH, P.O.PERUVAYAL, VIA. MEDICAL CCOLLEGE, KOZHIKODE. 6. SAHEED, (MINOR), S/O.ALIKUNJI, KONARAMBATH, P.O., PERUVAYAL, VIA MEDICAL COLLAGE, KOZHIKODE.(MINORS 3 TO 6 REPRESENTED BY THEIR GUARDIAN AND MOTHER 1 RESPONDENT REHMATH, D/O.MUHAMMED, KONARAMBATH,PERUVAYAL P.O., MEDICAL COLLEGE, KOZHIKODE. BY ADV. MR.C.P.MOHAMMED NIAS THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.19494/05 IN RP(FC) NO.176/2005 DISMISSED 08/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. ........................................... R.P.(F.C).No.176 OF 2005 ............................................. Dated this the 8th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.No.350/2003. The revision petitioner has a wife and five children. He was ordered to pay maintenance to the wife from the date of petition till 19.5.2004 at the rate of Rs.1,000/= and to pay maintenance at the rate of Rs.1,000/= each to the first and second children and at the rate of Rs.800/= each to the remaining three children. It is against that decision, the husband has come up in revision. 2. Heard the learned counsel for both sides. The learned counsel for the revision petitioner would contend that the court below was in error in ordering maintenance to the wife on the ground that she was leading an unchaste life. It has to be remembered that attribution of unchastity is levelled against a mother who had given birth to five children of this man. 3. Perused the evidence. The revision petitioner : 2 : R.P.(F.C).No.176 OF 2005 attributes her relationship with three other persons. It is the utmost cruelty one can inflict on his wife and therefore I find it as a sufficient ground to live separately. Since he has effected divorce and the family court has reduced the maintenance up to the date of divorce namely 19.5.2004 from the date of petition, I do not propose to interfere with the order passed against the wife. 4. So far as children are concerned, it has to be stated that he has to maintain five children. He was employed in gulf country. He has adduced evidence to show that he had come back from gulf country about five months back. so many suggestions are put to him and he had denied many of the suggestions and it is seen that he has some landed property. it is also seen that he had married another lady and is living with her. There is no proper data to fix or assess the income of the revision petitioner. Since he has five children to be maintained, I feel that a reasonable amount has to be ordered as maintenance to the children. 5. Therefore considering the facts and circumstances, I modify the order of maintenance to the children and fix it : 3 : R.P.(F.C).No.176 OF 2005 at Rs.800/= each for all the children. Thus the revision petition is disposed of retaining the order of maintenance at the rate of Rs.1,000/= to the wife from the date of petition till 19.5.2004 and at the rate of Rs.800/= each to all the children from the date of petition. The mother can receive the amount on behalf of the minor children and any amount paid or deposited shall be given credit to. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : R.P.(F.C).No.176 OF 2005