IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SMITHIN – Appellant
Versus
HIMA MOL M.H – Respondent
RPFC NO. 119 OF 2024 | MC NO. 202 OF 2023
| Table of Content |
|---|
| 1. challenging family court maintenance order (Para 1 , 2) |
| 2. arguments presented by both counsels (Para 3) |
| 3. court's assessment of income and legal obligations (Para 4) |
ORDER
This revision petition has been filed challenging the judgment dated 24.11.2023 passed by the Family Court, North Paravur in M.C.No. 202 of 2023.
2. The petitioner is the husband of the respondent.
The respondent filed M.C.No. 202 of 2023 against the petitioner before the Family Court claiming maintenance at the rate of Rs.10,000/- per month. After trial, the Family Court granted monthly maintenance of Rs.5,000/-. The said judgment is under challenge in this revision petition.
3. I have heard Sri. J.Julian Xavier, the learned counsel for the petitioner and Sri.K.G.Rajeesh, the learned counsel for the respondent.
4. The marriage is not in dispute. The petitioner, being the legally wedded husband of the respondent, is legally and morally bound to maintain her. The petitioner does not have a case that the respondent is employed and has any source of income. The petitioner is admittedly working as a Site Supervisor. According to him, he is getting only Rs.15,000/- per month. He has produced Ext.B7 certificate of employment to substantiate the same. However, as rightly held by the Family Court, the said certificate has not been legally proved by examining the employer of the petitioner who issued the said certificate. The petitioner has admitted in cross- examination that the construction workers working under him is getting Rs.1,000/- per day. Hence, the contention of the petitioner that he is only getting Rs.15,000/- per month cannot be believed.
Considering the requirements of the respondent and the ability and means of the petitioner, the monthly maintenance granted by the Family Court appears to be very reasonable. I see no illegality or impropriety in the impugned judgment.
Accordingly, the revision petition is dismissed.
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