Kerala High Court
Sivadas vs Meghala on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
RPFC NO. 276 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 29.03.2021 IN MC 271/2017 OF FAMILY COURT,
PALAKKAD
REVISION PETITIONER/RESPONDENT:
SIVADAS
AGED 37 YEARS
S/O.THANGAMANI, AMBATTUPALAYAM, NADUKKALAM, CHITTUR TALUK, PALAKKAD
DISTRICT - 678 101.
BY ADVS.
P.K.VARGHESE
M.T.SAMEER
K.R.ARUN KRISHNAN
SANJANA RACHEL JOSE
RESPONDENT/PETITIONER:
MEGHALA
AGED 28 YEARS
D/O.KMUMARASWAMY, ANANTHAN NIVAS, TAMIZHTARA, KANJIKKODE POST,
PALAKKAD TALUK & DISTRICT - 678 621.
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RPFC NO.276 OF 2021 2
ORDER
Dated this the 24th day of March, 2022.
This revision is filed against an order passed by Family Court,
Palakkad (for short, 'court below') in M.C No.271/2017. M.C was
filed by the respondent wife under Section 125(1) of the Code of
Criminal Procedure, 1973 (for short, 'Cr.P.C') seeking for monthly
maintenance allowance at the rate of Rs.10,000/-.
2. The parties to this revision will hereinafter be referred to
as the petitioner and the respondent in accordance with their status
in the M.C.
3. It is averred in the M.C that the respondent was getting a
monthly salary of Rs.60,000/- from his job as a Supervisor in a
company at Riyadh in Saudi Arabia. The respondent filed counter
statement denying the averments of the petitioner. According to
him, he is working as a helper in an Automobile Workshop and is
earning Rs.18,000/- monthly. He has not raised a claim that the
petitioner is employed and is having sufficient income to maintain
herself. In the M.C. respondent was examined as RW1 and Exts.D1
to D8 were marked. Exts.D6 and D7 are certified copies of the
statements of accounts maintained by him with his Banker. On the
side of the petitioner, oral evidence alone was let in. On
appreciation of the entire evidence on record, court below found
that the petitioner has every right to get monthly maintenance
allowance from the respondent and accordingly, awarded
Rs.4,500/- and the respondent is directed to pay it from the date of
the petition.
4. Aggrieved by the order, the respondent has approached
this Court in the revision on hand. His contention was that he is
working as a helper in an Automobile Workshop and is earning
Rs.18,000/- therefrom. The account statements produced by him as
Exts.D6 and D7 would go to show that Rs.10,000/- is being credited
towards a loan availed by him for house construction. Therefore,
the balance amount left with him being Rs.8,000/- , he is unable to
pay Rs.4,500/- stands ordered by the court below in the
maintenance case.
5. This Court has noticed from the impugned order that the
petitioner had approached Judicial First Class Magistrate Court-I
Palakkad by filing M.C as 74/2014 and the Magistrate was pleased
to award Rs.3,000/- as monthly maintenance allowance in her
favour. In the order assailed, the court below has directed for
adjustment of that amount in the maintenance allowance stands
ordered in the M.C. on hand. Therefore, the actual enhancement is
only Rs.1,500/- and that too awarded after a lapse of eight years.
Though the respondent has a claim that the balance amount left
with him after paying Rs.10,000/- towards loan arrears is only
Rs.8,000/-, he failed to establish his bad health or ailments.
Therefore, as settled by the Apex Court, an able-bodied man is
bound to find out sources of income to maintain his wife.
6. Absolutely no reason is found to interfere with the order
assailed. R.P(F.C) fails and is dismissed.
Arrears having been outstanding since 2017, the learned
counsel for the respondent sought for payment by installments.
The arrears payable being a huge sum, this Court is inclined to
permit deposit of the arrears in three equal monthly instalments.
The 1st installment shall be paid by the respondent in the month of
April, 2022. Rest of the two equal installments shall be paid
respectively in the months of May and June, 2022 at the rate stands
ordered by the Family Court. The respondent shall also continue to
pay the monthly maintenance allowance at the rate of Rs.4,500/- or
Rs.1,500/- being the difference in monthly maintenance allowance,
if the monthly maintenance allowance stands allowed in MC. No.
74/2014 pending on the files of Judicial First Class Magistrate
Court-I, Palakkad is already paid.
Sd/-
MARY JOSEPH
JUDGE
JJ.
