IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 RPFC.No. 337 of 2007() ---------------------- MC.578/2006 of the FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/RESPONDENT: ---------------------------------------------- IRSHAD, AGED 19 YEARS, S/O.PARAKKAL ABOOBACKER, CHAKKINTTAKANDIYIL HOUSE, VAZHAYUR AMSOM, KAKKOVE DESOM, PENIGAVU, KARAD PARAMBA P.O., VAZHAYUR PANCHAYATH, ERANADU THALUK, MALAPPURAM DISTRICT. BY MR.BABU S. NAIR, ADVOCATE SMT.M.T.SHEEBA, ADVOCATE RESPONDENTS/PETITIONERS: ----------------------------------- 1. ZEENATH, AGED 29 YEARS, D/O.UNNIYALUNGAL MOIDEENKUTTY, UNNIYANLUNGAL HOUSE, KURRIKKAL ROAD, PARAPPANANGADI AMSOM, NEDUVA DESOM, ULLANAM P.O., TIRURANGADI THALUK, MALAPPURAM DISTRICT. 2. HARSHAD- MINOR- REP.BY THE RESPONDENT- MOTHER- GUARDIAN. BY MR.SAJU.S.A, ADVOCATE THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.(F.C.).No.337/2007 ORDER IN CRL.M.A.8787/2007 IN R.P.(F.C.)No.337/2007 DISMISSED. Sd/- M.N.KRISHNAN,JUDGE 08/01/2010 TRUE COPY P.A. TO JUDGE M.N.KRISHNAN,J =========================== R.P.(F.C).No.337 of 2007 =========================== Dated this the 8th day of January, 2010 ORDER This revision is preferred against the order of maintenance passed in M.C.No.578/2006. The facts are interesting in the sense that a young man aged 18 years got married to a lady aged 23 years and a child is born in the relationship. The husband would contend that there was no marriage and he was only a minor and the wife was pregnant at the time of marriage and consent has been obtained by fraud. In order to substantiate that contention he had moved O.P.No.527/2006 to declare the marriage has invalid and void. The learned family court Judge on a consideration of the entire materials held in favour of the wife and held that there was a valid marriage and the child is born in the wedlock. Now the factum that no challenge is made against the order in O.P.No.527/2006 sets at rest regarding the invalidity of the marriage or the voidness of the marriage as contended by the husband. For the purpose of satisfying myself, I had perused the order of the learned Family Court Judge on that point as well which cannot said to be erroneous or faulty. R.P.(F.C.).No.337/2007 2 Anyhow, since no challenge is made it has to be held that the finding on the question of marriage and the paternity of the child has become conclusive. 2. Then the only question is regarding the quantum of maintenance. The court below has ordered Rs.1,200/-(Rupees one thousand two hundred only) as the maintenance to the wife and Rs.800/-(Rupees eight hundred only) to the ten month child. It has to be remembered that the husband categorized as a boy started working as a barber as his brother went abroad for better prospects and it is on account of his living in this lady's house the whole factual matters had taken place in this case. It has to be stated in the present setup people require experienced and fashionable cuttings and hair styles and the experience governs a lot in such matters. Even according to the wife he had hardly put in about 3 to 4 years of experience as a barber that too in a place which is not a city but a panchayat area and a remote place in Malappuram District. So, one cannot held that he may have very much substantiate income. Taking into consideration that aspect I am inclined to show some leniency by reducing quantum of maintenance in favour of the wife to R.P.(F.C.).No.337/2007 3 Rs.1,000/-(Rupees one thousand only) and Rs.500/-(Rupees five hundred only) to the child. In the result, R.P.(F.C) is partly allowed and the order of maintenance is modified thereby directing the husband to pay a sum of Rs.1,000/-(Rupees one thousand only) to the wife and Rs.500/-(Rupees five hundred only) to the child from the date of filing of M.C. The authorisation for the mother to receive the maintenance on behalf of the child is also sustained. M.N.KRISHNAN, JUDGE dvs