Citation : 2021 Latest Caselaw 14454 Ker
Judgement Date : 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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