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2023 Supreme(Online)(KER) 24200

HIGH COURT OF KERALA
V. G. Arun, J
ANAPPATTATH LAKSHMANAN – Appellant
Versus
VELIPARAMBATH VIJAYALAKSHMI – Respondent


Advocates:
K.RAKESH, SRI.E.C.AHAMED FAZIL

O R D E R

Dated this the 14th day of February, 2023 The revision petitioner is the respondent in M.C No.

209/2016 in M.C No.53/2012 of the Family Court, Malappuram. The original M.C was disposed on 24.10.2014 directing the revision petitioner to pay monthly maintenance to the 1st respondent / his wife at the rate of Rs.2500/- and to the 2nd respondent, his son at the rate of Rs.500/-. The respondents later filed M.C No.209/2016 later filed seeking enhancement of the maintenance amount. The Family Court, after appreciation of the oral and documentary evidence, found that the petitioner's capacity to earn has been substantially reduced by reason of his illness. In spite of that finding, the maintenance already ordered to the 1st respondent was enhanced by Rs.500/- and to 2nd respondent by Rs.200/-.

2.Learned counsel for the petitioner submitted that, presently, the petitioner is not in a position to pay the maintenance amount even at the original rate. The petitioner is stated to be completely bed ridden, his Kidney ailment having worsened. All that the petitioner is seeking is an opportunity let in evidence to prove his incapacity to pay maintenance.

3. Learned counsel for the responde

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