The court reaffirmed that maintenance must be reasonable considering the husband’s actual income and the wife’s needs.

O R D E R

This is a revision petition filed under Section

19(4) of the Family Court Act challenging order dated 15.10.2022 in MC No.254 of 2018 pending before the Family Court, Tirur.

2. Heard the learned counsel for the revision petitioner on admission.

3. The petitioner, who is the respondent in the above MC, impugns grant of Rs.5,000/- as maintenance ordered by the Family Court on the ground that the same is on higher side. According to the learned counsel for the revision petitioner, the revision petitioner being a coolie worker did not pay the said amount. Therefore, the same requires reduction.

4. In this matter, the respondent herein, who is the wife of the revision petitioner, had approached the Family Court and canvassed maintenance at the rate of Rs.15,000/- per month and the specific contention raised by the respondent before the Family Court was that the revision petitioner had been employed in Gulf country and he had been getting Rs.50,000/- per month. Therefore, the respondent pressed for grant of Rs.15,000/- as maintenance.

5. The revision petitioner raised contention that the respondent had been working in Akshaya Centre, Valanchery. So, she could earn sufficient income from the said employment for her survival. The further contention was that the revision petitioner earlier employed in Gulf, but he lost his job and now he had been doing coolie works.

6. The respondent herein got examined as PW1 and the revision petitioner herein got examined as RW1 and Ext.B1 was marked.

7. In order to substantiate the employment of the wife, Ext.B1 photograph was produced. In fact, the same is not a relevant piece of evidence. Therefore, the Family Court rightly negatived the said contention and it was held that the respondent herein had no employment or income.

8. The Family Court granted Rs.5,000/- as maintenance and the reasons for granting the said amount has been precisely stated in paragraph No.7 of the order, which is extracted as under:

“7.xxx There is nothing on record to disbelieve the evidence so tendered by the petitioner in this regard. As it is so, this Court do not disbelieve the evidence of the petitioner with respect to the alleged cruelty from the side of the respondent which caused her to leave the matrimonial house. Further, though it is contented that the petitioner is having her own job in Akshaya Centre and marked Ext.B1 to prove that fact, there is nothing on record to accept the said evidence of respondent and Ext.B1. Ext.B1 is not per se acceptable. The respondent himself has admitted the fact that it was not taken by him. Per se, the Ext.B1 appears to be an edited one. Further there is no evidence to show that the petitioner is employed in Akshaya Centre. If actually she was so employed definitely the respondent would have adduced proper documentary evidence. It was so easy to get documentary evidence to prove those contentious facts. As he did not take any steps to get documentary evidence in this regard the contention seen raised by the respondent in this regard cannot be accepted. So, that contention also is rejected. The next contention as advanced by the Counsel appearing for the respondent is to the effect that though the petitioner has alleged that the respondent is still employed in Gulf, there is nothing on record to show that he is still so employed in Gulf and is getting more than Rs.50,000/- as alleged by her. According to him, the respondent is doing coolie works after settling in the native place. The Counsel appearing for the petitioner strenuously contented that if the respondent had settled in the native place he could have very well produced his Passport to show that he had permanently settled in the native place. According to him, it was for suppressing his employment in Gulf he deliberately did not produce Passport. It is so contented. Whether he is employed in Gulf or is a coolie worker in the native place, the contention of the petitioner is to the effect that he is getting only Rs.