In this revision petition under the Family Courts Act, the respondent-husband challenged the Family Court of Pathanamthitta's order granting maintenance to his wife and minor child. The High Court held that the awarded amounts were reasonable considering his government salary and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
RPFC NO. 256 OF 2022
MC 197/2018 OF FAMILY COURT, PATHANAMTHITTA
REVISION PETITIONER/RESPONDENT:
UNNIMON A.
AGED 38 YEARS
S/O.AYYAPPAN,VAZHAVILA VEEDU, AVANOOR, VALLAM,
NEDUVATHOOR, KOTTARAKARA, KOLLAM, PIN - 691506
BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN
RESPONDENTS/PETITIONERS:
1 SUKANYADEVI
AGED 34 YEARS, KOTTAVILA VEEDU, PATHIRIKKAL P.O.,
PATHANAPURAM VILLAGE, PRESENTLY RESIDING AT VALUTHUNDIL
HOUSE, MAROOR MURI, ENADIMANGALAM VILLAGE,
PATHANAMTHITTA, PIN - 689695
2DEEPIKA UNNI
AGED 6 YEARS, D/O. SUKANYADEVI, KOTTAVILA VEEDU,
PATHIRIKKAL P.O., PATHANAPURAM VILLAGE, PRESENTLY
RESIDING AT VALUTHUNDIL HOUSE, MAROOR MURI, ENADIMANGALAM
VILLAGE, PATHANAMTHITTA PIN - 689695(2ND RESPONDENT IS
MINOR REP. BY HER MOTHER 1ST RESPONDENT)
BY ADV RINNY STEPHEN CHAMAPARAMPIL
THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RPFC NO. 256 OF 2022 2
ORDER
Dated this the 9th day of August, 2023
This is a revision petition filed under Section 19(4) of the Family Courts Act and the revision petitioner is the respondent in M.C.No.197/2018, on the files of the Family Court, Pathanamthitta. He impugns the order in M.C.No.197/2018, dated 14.7.2022, whereby, the Family Court granted maintenance at the rate of Rs.10,000/- to the 1st petitioner (wife) and Rs.7,500/- to the 2nd petitioner (minor child), aged 2 years.
wife.
RPFC NO. 256 OF 2022 3
Rs.10,000/- to the wife and Rs.7,500/- to the minor child.
RPFC NO. 256 OF 2022 4
by the Family Court. Therefore, the order may be modified, reducing the quantum, accordingly.
RPFC NO. 256 OF 2022 5
Subsequently, the pay was revised and thereby, the salary might have increased. On perusal of the order, Rs.10,000/and Rs.7,500/- ordered as maintenance to the wife and minor child respectively, appears to be very reasonable, for which, no interference is called for, by exercising the limited power of revision.
Therefore, the revision lacks merits and the same is accordingly dismissed.
Sd/-
A. BADHARUDEEN JUDGE
Bb
2 issues framed by the court
Whether the Family Court's order granting maintenance at Rs.10,000 to the wife and Rs.7,500 to the minor child warrants interference in its revision.
Whether the petitioner, a government employee earning Rs.50,616, must pay the exact maintenance quantum granted by the lower court.
UNNIMON A.
SUKANYADEVI
DEEPIKA UNNI
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court