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P.Yousuf vs Shahida.V
2021 Latest Caselaw 14454 Ker

Citation : 2021 Latest Caselaw 14454 Ker
Judgement Date : 13 July, 2021

Kerala High Court
P.Yousuf vs Shahida.V on 13 July, 2021
               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                         RPFC NO. 206 OF 2017
    AGAINST THE ORDER/JUDGMENT IN MC 120/2015 OF FAMILY COURT,
                             THALASSERY
REVISION PETITIONER/COUNTER PETITIONER:

            P.YOUSUF, S/O SAYED MUHAMMED MASTER, PACHOLAKANDY
            HOUSE,MUTHIYANGA PO, PATHAYAKUNNU, KANNUR DISTRICT.

            BY ADVS.
            SRI.K.C.SANTHOSHKUMAR
            SMT.K.K.CHANDRALEKHA


RESPONDENTS/PETITIONERS:
     1     SHAHIDA.V,
           D/O ABDUL KHADER,
           SHABANA MANZIL,117 VATTIPRAM, MANGATTIDOM PO,
           THALASSERY TALUK, KANNUR DISTRICT. 670643.
     2     MUHAMMED SINAN. V.,
           S/O YOUSAF,(MINOR), AGED 14 YEARS,REPRESENTED BY HIS
           MOTHER SHAHIDA V,SHABANA MANZIL, 117
           VATTIPRAM,MANGATTIDOM PO, THALASSERY TALUK,KANNUR
           DISTRICT. 670643.

    3       SHAHANA SHERIN V.,
            D/O YOUSAF, (MINOR), AGED 11 YEARS,REPRESENTED BY HER
            MOTHER SHAHIDA V,SHABANA MANZIL, 117
            VATTIPRAM,MANGATTIDOM PO, THALASSERY TALUK,KANNUR
            DISTRICT. 670643.

    4       MUHAMMED RASI. V, AGED 9 YEARS
            S/O. YOUSAF, (MINOR), REPRESENTED BY HIS MOTHER
            SHAHIDA.V., SHABANA MANZIL, 117 VATTIPRAM,
            MANGATTIDOM P.O.,
            THALASSERY TALUK, KANNUR DISTRICT - 670643

            BY ADVS. SMT.M.M.DEEPA
                     SMT.MEERA DEVI
                     SMT.M.S.SHEETHAL


     THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RPFC NO. 206 OF 2017                    2

                                      ORDER

Challenging the order of maintenance awarded the wife

and children, the husband came up. The maintenance

awarded is only a meagre amount of Rs.3000/- to the wife

and Rs.4000/- each to three minor children. The paternity

of the children is not in dispute.

2. The petitioner contended that he has no sufficient

income to maintain his wife and children by giving

maintenance at the rate of Rs.4000/-, especially to the

minor children. There are three minor children. As

such, it would come to Rs.12,000/- plus Rs.3000/- awarded

to the wife, totalling Rs.15,000/-. The minor children

are now studying in various classes. The maintenance

awarded reflects a proper balance between the liability

of the petitioner and the entitlement of the respondents.

Hence, there is no reason for any interference.

R.P(FC) is hence dismissed.

Sd/-

P.SOMARAJAN JUDGE

msp

 
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