2025 Supreme(Online)(Ker) 42653
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
VINITHA – Appellant
Versus
RAJIL – Respondent
RPFC NO. 218 OF 2021 | MC NO. 402 OF 2018
For the Appellants/Petitioners: Sri.C.D.DILEEP
For the Respondents:
Revision petition dismissed; no grounds for interference by higher court.
Headnote:This revision pertains to an order dated 06.05.2021 in MC No. 402/2018 by the Family Court, Thrissur. The Family Court denied maintenance to the 1st petitioner, while awarding Rs. 2,500/- to the 2nd petitioner. The petitioners may approach the Family Court for re-evaluation of income matters. Court found no reason for interference with the lower court's decision and dismissed the revision petition.
Result: The revision petition is dismissed.
O R D E R
This revision is filed against the order dated
06.05.2021 in MC No. 402/2018 on the file of the Family Court, Thrissur. As per the impugned order, the Family Court rejected maintenance to the 1st petitioner and the maintenance is awarded to the 2nd petitioner, who is the child at the rate of Rs.2,500/-. Aggrieved by the same, this revision is filed.
2. Heard.
3. Even though this revision was filed on
20.10.2021, the revision is not even admitted. Hence, this Court perused the impugned order to find out whether notice is to be issued after admitting the revision. I see absolutely no reason to interfere with the impugned order at this stage. The Family Court found that the 1st petitioner is getting income and the evidence of RW2 is relied for that purpose. The counsel for the petitioners submitted that, the job was not a permanent job and the 1st petitioner is not having any permanent income. If that is the case, the petitioners can file a fresh application to vary the order, if there is no permanent income to the 1st petitioner. For that purpose, this revision need not be admitted. As far as the maintenance awarded to the 2nd petitioner is concerned, the 2nd petitioner also can file appropriate application under Sec.127 Cr.P.C./Sec.146 BNSS for enhancement of maintenance in the changed circumstances. Hence, I am of the considered opinion that there is no interference to the impugned order is necessary. But, I make it clear that the petitioners are free to approach the jurisdictional Family Court with appropriate application under Sec.127 Cr.P.C./Sec. 146 BNSS, if there is any change of circumstances.
With the above observation, this revision petition is dismissed.