IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 RPFC.No. 104 of 2006() ---------------------- MC.282/2003 of FAMILY COURT, KOZHIKODE .................... REVISION PETITIONER/RESPONDENT. --------------------------------------------------- BHAGATH P.B. S/O.K.C.PRABHAKARAN, AMBILI NIVAS, CHEROOPPA AMSOM, MANACHAD DESOM, KOZHIKODE TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): PETITIONERS. -------------------------------------- 1. APARNA(MINOR) AGED 9 YEARS, D/O.BHAGATH P.B. 2. ABHIRAMA (MINOR) AGED 4 YEARS, S/O/.BHAGATH P.B. REPRESENTED BY GUARDIAN AND MOTHER SUMITHA, BALAKRISHNA NILAYAM, AMBALAPPARA, THIRUVAMPADY P.O. KOZHIKODE. ADV. SRI.V.V.SURENDRAN FOR R SRI.P.A.HARISH FOR R THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 104 OF 2006 = = = = = = = = = = = = = = = Dated this the 1st day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.282/03. Two minor children who had been awarded maintenance of Rs.1,750/- and Rs.1,500/- are facing this revision on account of the challenge of the quantum by the father. 2. Heard the counsel for both sides. So far as the quantum is concerned the wife is not having much income whereas the husband is running a medical shop in Thiruvambady. The husband could have proved his income by producing documents but he has not done so. His shop is situated in a remote area and therefore the wife cannot claim so much of maintenance on behalf of the children. It has come out in evidence and it is also seen from the materials available that the husband has still concern for the children and has been making small payments towards the their maintenance and he was also looking after their education. R.P.(F.C.) NO. 104 OF 2006 -:2:- He is not a person who is totally disinterested in the welfare of the children. It is not possible to exactly assess the income of the husband from the materials. Considering the present set up as well as the place in which the medical shop is situated I feel the amount of maintenance has to be slightly reduced and therefore I modify the order of maintenance by fixing it at Rs.1,500/- to the first child and Rs.1,250/- to the second child. In the result R.P.(F.C.) is partly allowed and the order of maintenance ordered to the first child is reduced from Rs.1,750/- to Rs.1,500/- and 2nd child from Rs.1,500/- to Rs.1,250/- payable from 6.3.2006. The mother is entitled to draw the amount on behalf of the children. The amount, if any, paid or deposited shall be taken credit to. M.N. KRISHNAN, JUDGE. ul/-