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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
G. ANILKUMAR – Appellant
Versus
K. SASIKALA – Respondent
Mat.Appleal No. 549 of 2017 | OP No. 640 of 2012
| Table of Content |
|---|
| 1. petitioner's claim for maintenance based on disputed income. (Para 1 , 2 , 3 , 4) |
| 2. adjustment of maintenance based on established income. (Para 5) |
Sathish Ninan, J.
The original petition filed by the wife against the husband for return of gold, money and for maintenance, both past and future, was decreed in part by the Family Court.
The husband is in appeal. There is no appeal by the wife.
2. We have heard the learned counsel on either side.
3. The arguments of the appellant is confined to the quantum of maintenance awarded by the Family Court.
4. The petitioner-wife claimed that the respondent is a driver in KSRTC and gets a monthly salary of Rs.8,000/-. It was also contended that he also works as a driver in a school van and earns Rs.20,000/- per month. She claimed Rs.5,000/- towards maintenance.
Mat.Appeal No.549 of 2017
5. The Family Court, taking note of the fact that even according to the respondent his salary is Rs.7,000/-, awarded maintenance, both past and future, at the rate of Rs.5,000/- per month. Though the petitioner claimed that the respondent is, apart from his job as driver in KSRTC, employed in a school van as driver, there is no evidence with regard to the same. When the Court adopted the monthly income of the respondent as Rs.7,000/-, we find that award of maintenance to the petitioner at the rate of Rs.5,000/- is not justified. We are of the opinion that, reckoning the income of the respondent at Rs.7,000/-, the maintenance could be re-fixed at Rs.3,000/- per month. Of course, if there is any change in the circumstances, it is always open for the petitioner to seek for revision/modification of the quantum of maintenance in appropriate proceedings.
6. No other contentions are raised.
In the result, the appeal is allowed in part. The quantum of maintenance, both past and future, will stand re-
Mat.Appeal No.549 of 2017 fixed at Rs.3,000/- per month. It is clarified that the right of the petitioner to seek for revision/modification of the quantum on change of circumstances, if any, is left open. Sd/-
SATHISH NINAN JUDGE Sd/-
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