Kerala High Court
Rasheed vs Surumi on 11 April, 2024
Author: P.Somarajan
Bench: P.Somarajan
RPFC NO. 121 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
RPFC NO. 121 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 02.11.2023 IN MC NO.71 OF 2018 OF
FAMILY COURT, IRINJALAKUDA
REVISION PETITIONER/RESPONDENT:
RASHEED, AGED 43 YEARS,
S/O.KUNJU MOITHEEN,
KANNAMTHODI HOUSE,VELUPPADAM.P.O,
VELUOPOPADAM KALLAYI MULA DESOM,
VARANTHARAPPILLI VILLAGE,
CHALAKUDY TALUK, PIN - 680303
BY ADVS.
LEGY ABRAHAM
M.L.SHAJAN
RESPONDENT/PETITIONER:
SURUMI,
AGED 30 YEARS,
D/O SHAMSUDEEN,PANDAPPARAMBATH HOUSE,
MAARANAM DESOM,
MADAYIKKONAM VILLAGE,MADAYIKKONAM.P.O,
MUKUNDHAPURAM TALUK, THRISSUR, PIN - 680712
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RPFC NO. 121 OF 2024
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ORDER
The husband, who is employed abroad and doing the work of a security guard, came up against the order of maintenance to the wife at the rate of Rs.7000/-. It is an admitted case of the husband that he is employed abroad. A salary certificate as that of him was produced without taking any steps to prove the genuineness of the said document or content therein. Even going by that certificate, he is getting 800 riyals per month, equivalent to an amount of Rs.17,500/-. Even going by the admission and the salary certificate, the wife is entitled to atleast half of the income of the husband. The amount ordered by the Family Court is less than the half of the salary after deductions. In fact, the amount ordered by the Family Court is the bare minimum required for maintaining the wife. Hence, the RP(FC) fails, and is dismissed.
Sd/-
P.SOMARAJAN JUDGE msp RPFC NO. 121 OF 2024 3 APPENDIX OF RPFC 121/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE SALARY CERTIFICATE DATED 26.08.2019