Kerala High Court
Bindu vs Dinak. K on 22 September, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
RPFC NO. 399 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947
RPFC NO. 399 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 31.03.2023 IN MC NO.314
OF 2015 OF FAMILY COURT, KOZHIKODE
REVISION PETITIONER/PETITIONER:
BINDU
AGED 47 YEARS
D/O B.K.CHANDUNNI, BHAGAVATHI KALATHIL HOUSE,
VALLUVAMBRAM P O, MONGAM (VIA), MALAPPURAM DT,
(MANJERI PSL), PIN - 673642
BY ADV SHRI.G.SREEKUMAR (CHELUR)
RESPONDENT/RESPONDENT:
DINAK. K
AGED 50 YEARS
S/O KAMALAKARAN (LATE), SREE GOKULAM CHITS,
KIZHAKKEBHAGATH COMPLEX, 2ND FLOOR, SULTHAN BATHERI,
WAYANAD PIN - 673579, (SULTHAN BATHERI PSL),
PIN - 673592
BY ADVS.
SRI.P.MARTIN JOSE
SRI.P.PRIJITH
SRI.THOMAS P.KURUVILLA
SRI.R.GITHESH
SHRI.AJAY BEN JOSE
SRI.MANJUNATH MENON
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SHRI.SACHIN JACOB AMBAT
SHRI.HARIKRISHNAN S.
SMT.ANNA LINDA EDEN
SRI.S.SREEKUMAR (SR.)
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 22.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
--------------------------------
R.P.(F.C) No.399 of 2023
-------------------------------
Dated this the 22nd day of September, 2025
ORDER
This Revision Petition is filed against the order dated
31.03.2023 in M.C. No. 314/2015 of the Family Court, Kozhikode.
As per the impugned order, the Family Court granted
maintenance to the petitioner @ Rs.5,000/- per month.
Aggrieved by the quantum of maintenance, this Revision
Petition is filed.
2. Heard.
3. Counsel for the petitioner submitted that the Family
Court ought to have allowed the maintenance as claimed in the
petition filed under Section 125 Cr.P.C. The counsel also
submitted that the Family Court granted maintenance only from
03.04.2015. It is the case of the petitioner that, originally the
case was filed before the Family Court, Kalpetta and the case
was transferred to the Family Court, Kozhikode and a new
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number was given. The case was originally filed before the
Family Court, Kalpetta on 31.03.2014. The Family Court ought
to have granted maintenance from the date of original
application. Counsel for the respondents supported the
impugned judgment. The counsel submitted that there is
nothing to interfere with the impugned judgment.
4. This Court considered the contentions of the
petitioner and the respondent. The Family Court considered the
matter in detail and thereafter fixed the maintenance @
Rs.5,000/- per month. It will be better to extract paragraph
No.54 of the impugned judgment:
"54. Admittedly the petitioner is a practicing lawyer. It
has come out in evidence that petitioner is having joint
property. But there is nothing in evidence to conclude that
petitioner is receiving income from the same. No doubt the
petitioner is conducting cases in various court of
Malappuram District. Petitioner herself very beautifully
conducted these cases. But at the same time it is not
possible to conclude that she is getting sufficient income
from her profession. Admittedly the first respondent is the
Manager of Gokulam Chits and Finance and according to him
he is getting the salary of Rs.33,000/- per month. It is
alleged by the petitioner that respondent is getting amount
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from share trading business and from real estate business.
But there is no evidence to conclude that first respondent is
getting income from share trading business and real estate
business as alleged by her. It is contended by first
respondent that he has to look after his aged mother who is
suffering from many kind of ailments. Admittedly the mother
is getting family pension of Rs.22,000/- and other two
siblings are there for the first respondent. No document has
been produced by RW1 to prove that he has spent amount
for the treatment of R2. First respondent being the husband
is bound to provide maintenance to the petitioner. It is due
to difference of opinion and issues between the parties they
are residing separately. RW1 has no case that he is providing
maintenance to PW1. Considering the income of the
respondent, cost of living, rate of inflation first respondent
can be directed to pay Rs.3,000/- per month towards the
past maintenance of the petitioner for the period from
20.12.2011 to 20.12.2014 (36x3000=Rs.1,08,000/-). The
respondent can be directed to pay Rs.5,000/- per month to
the petitioner towards her maintenance from the date of MC
314/2015 ie., 03.04.2015."
5. I see no reason to interfere with the quantum of
maintenance awarded by the Family Court. The Family Court
considered all the contentions of the petitioner and thereafter
fixed the maintenance @ Rs.5,000/- per month considering the
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fact that the petitioner is a lawyer. But, I make it clear that, if
there is any change of circumstances after the impugned order,
the petitioner can file an appropriate application under Section
127 Cr.P.C./146 BNSS.
6. The second point raised by the petitioner is that the
maintenance is awarded only from 03.04.2015 and the case was
originally filed before the Family Court, Kalpetta on 31.03.2014.
M.C. No.314/2015 is a new number allotted when the case was
transferred to Kozhikode, is the submission. If that be the case,
the petitioner is entitled maintenance from the date of the
original application. With that modification, this Revision
Petition can be disposed of.
Therefore, this Revision Petition (Family Court) is disposed
of in the following manner:
1. The order granting maintenance as per the impugned
judgment is confirmed. But, I make it clear that, if there
is any change of circumstances, the petitioner can
approach the jurisdictional Family Court.
2. The maintenance granted to the petitioner @ Rs.5,000/-
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per month as per the impugned judgment will come into
force from the date of the application filed by the
petitioner before the Family Court, Kalpetta
(31.03.2014).
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
