Rasheed vs Surumi
2024 Latest Caselaw 10427 Ker

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

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE SALARY CERTIFICATE DATED 26.08.2019