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2024 Supreme(Online)(Ker) 59373

IN THE HIGH COURT OF KERALA AT ERNAKULAM
LIYAKKATHALI – Appellant
Versus
SHIBNA – Respondent
RPFC 1/2024



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 RPFC NO. 1 OF 2024 AGAINST THE ORDER/JUDGMENT IN MC 549/2022 OF FAMILY COURT, MALAPPURAM REVISION PETITIONER/RESPONDENT:

LIYAKKATHALI AGED 40 YEARS KIZHAKKUMPARAMBIL VEED, KAVALANGAD NSS COLLEGE TOAD (PO), MANJERI AMSOM DESOM, ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676122 BY ADVS.

T.M.RAMAN KARTHA REVATHY M.A.

M.S.SOUJATH SYAMA MOHAN MANJU R. KARTHA GREESHMA T.G.

SNEHA BRIGIT PRINCE RESPONDENTS/PETITIONER:

1 SHIBNA AGED 32 YEARS D/O MUHAMMEDALI OTTAKKALAN VEED, EDATHANATTUKARA P.O, EDATHANATTUKARA ASOM DESOM, MANNARKKAD TALUK, PIN - 678601

2 NISHVA LIYAKKATH AGED 9 YEARS D/O LIYAKKATH ALI, REPRESENTED BY MOTHER SHIBNA, AGED 32 YEARS, D/O MUHAMMEDALI OTTAKKALAN VEED, EDATHANATTUKARA P.O, EDATHANATTUKARA ASOM DESOM, MANNARKKAD TALUK, PIN - 678601

3 JUMANA LIYAKKATH AGED 7 YEARS D/O LIYAKKATH ALI, REPRESENTED BY MOTHER SHIBNA, AGED 32 YEARS, D/O MUHAMMEDALI OTTAKKALAN VEED, EDATHANATTUKARA P.O, EDATHANATTUKARA ASOM DESOM, MANNARKKAD TALUK, PIN - 678601 BY ADV C.DINESH THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The husband came up in revision against the order of maintenance passed by the Family Court to his two children @ Rs.5,000/- each and to his wife @ Rs.8,000/- per month. Admittedly, the husband/ revision petitioner is doing a business of a chicken stall, both wholesale and retail.

2. The revision petitioner had also appeared through video conferencing and admitted that he is maintaining fifteen employees for the conduct of the said business. But, according to the wife there were thirty employees under him. This would show the volume of the business he was doing at the time when the application was submitted. He also maintains another two wives. Necessarily, the wife and children are entitled to a decent life, which they have accustomed to while in the company of her husband, the revision petitioner. The amount ordered by the Family Court is only a meagre amount of Rs.8,000/- to the wife and Rs.5,000/- each to the two children, the bare minimum, required for their livelihood. Hence, there is no reason to interfere with the abovesaid order.

The RP(FC) will stand dismissed accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV

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