IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 RPFC.No. 99 of 2009() --------------------- MC.79/2007 of FAMILY COURT, KOZHIKODE. .................... PETITIONER/PETITIONER ------------------------------------- JAYAMMA. K.P, AGED 45 YEARS, W/O.RAGHAVAN, KACHERI PARAMBIL, NADUVANNUR, KOZHIKODE, BALUSSERY POLICE STATION. BY ADV. MR.SANTHARAM.P RESPONDENT/RESPONDENT ------------------------------------------- RAGHAVAN. T, AGED 54 YEARS, S/O.KUNHIRAMAN, 'GAYATHRI HOUSE', POOLAKKOOL.PO, CHERAPURAM, KAKKATTIL, MANIMALA ESTATE ROAD, VATAKARA. BY ADV. MR.KKM.SHERIF, MR.LAL K.JOSEPH, MR.A.A.ZIYAD RAHMAN, SMT.SHEENA SAMUEL. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 11/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P.(F.C.) NO. 99 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of March, 2010. O R D E R This revision is preferred against the order of the Family Court, Kozhikode in M.C.79/07. The petitioner/wife was granted a maintenance of Rs.1,250/- per month and it is against that decision the wife has come up for enhancement. 2. Heard the learned counsel appearing for both the sides. Paragraph 31 of the order deals with the subject matter. It is submitted that the husband is having 5 acres of granite quarry. It is also stated that in normal days about 40 loads of granite stones will be removed from the quarry. Only in rainy season it cannot be done. It has also come out that he has got some coconut and areacanut garden as well. So I think further elaboration is not necessary with respect to the source of income for the husband. Granting of maintenance of Rs.1,250/- during the year 2008 cannot be said to be excessive or proper. So it requires enhancement. From the materials it is evident that the wife is not having any source of R.P.(F.C.) NO. 99 OF 2009 -:2:- income or any job. Therefore I increase the order of maintenance granted from Rs.1,250/- to Rs.1,750/-. 3. The learned counsel wanted me to change the granting of maintenance from the date of petition instead of date of order. It is a discretionary jurisdiction that is granted to the Family Court u/s 125 Cr.P.C. The rule is to grant an order of maintenance from the date of order and only for special reasons it can relate back to the date of petition. Learned Family Court Judge had exercised that discretion judiciously which I do not propose to interfere. In the result R.P.(F.C.) is disposed of by modifying the order of maintenance from Rs.1,250/- to Rs.1,750/- payable from the date of order. M.N. KRISHNAN, JUDGE. ul/-