IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 RPFC.No. 459 of 2007() ---------------------- MC.325/2007 of FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER(S): RESPONDENT: ---------------------------------------------------------------- ABOOBACKER.T.K., AGED 50 YEARS, S/O.MOHAMMED KUTTY, PARAMBANCHOLA, P.O.PALAKKAD, KUZHIMANNA VIA, MALAPPURAM DISTRICT. BY ADV. MR.P.SAMSUDIN RESPONDENT(S): PETITIONERS: ------------------------------------------------- 1. AMINA K.V., AGED 30 YEARS, D/O.FATHIMA, THEKKUMVAD HOUSE, IRIVETTY P.O., CHENGARA, MALAPPURAM DISTRICT. 2. SHAMNA, AGED 13 YEARS, D/O.ABOOBACKER (MINOR) 3. DILSHAD, AGED 5 YEARS, S/O.ABOOBACKER (MINOR) (MINOR RESPONDENTS ARE REPRESENTED BY THE MOTHER-1ST RESPONDENT) R1 TO R3 BY ADV. SMT.P.V.SOBHANA THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON CRL.M.A.NO.11542/2007 IN RF(FC) NO.459/2007 DISMISSED 2/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 459 OF 2007 = = = = = = = = = = = = = = = Dated this the 2nd day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Malappuram in M.C.325/07. The wife and two minor children moved an application for maintenance against the revision petitioner and the Court below granted an amount of Rs.1,000/- to the wife, Rs.1,000/- to the first child and Rs.800/- to the 2nd child. It is against that decision the husband has come up in revision. 2. Heard. The allegation against the husband is that of matrimonial cruelty and a proceeding u/s 498A of the IPC is pending. The husband on the other hand has thrown the allegation of unchastity against the wife. It is not established. Virtually it can amount to be the worst form of cruelty that can be attributed against the wife. Therefore there are reasons to live separately. 3. So far as the quantum is concerned the husband obtained property by virtue of a partition deed, Ext.D1 and he R.P.(F.C.) NO. 459 OF 2007 -:2:- had transferred 40 cents of land in favour of the wife under Ext.D1. According to the husband there is a cashew plantation from where the wife will get Rs.10,000/- per month. The wife on the contra would contend she has not been put in possession of property and she is not getting any income. But in the light of the document she cannot deny the acquisition of property. So it has to be taken into consideration for the purpose of fixing the quantum. The husband is having large extend of properties and he is having property on lease arrangement and he had admitted before Court that it does not require strong exercise for the reason he can employ others and get the work done. So taking into consideration of the entire circumstances I am inclined to grant a slight decrease in the rate of maintenance to the wife for the reason that she is having 40 cents of land. Therefore the revision petition is disposed of by modifying the order of maintenance to the wife from Rs.1,000/- to Rs.800/- and maintenance given to the children are retained as Rs.1,000/- and Rs.800/- respectively. Needless to say if there is change of R.P.(F.C.) NO. 459 OF 2007 -:3:- circumstances parties can move u/s 127 Cr.P.C. for proper orders. The amount, if any, paid or deposited shall be taken credit to and the balance need to be paid. M.N. KRISHNAN, JUDGE. ul/-