RPFC No. 5 of 2009 · Kerala High Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 RPFC.No. 5 of 2009() -------------------- MC.103/2008 OF FAMILY COURT, THIRUVALLA .................... PETITIONER/COMPLAINANT (S): ------------------------------------ FATHIMUTHU, AGED 53 YEARS, W/O. MUHAMMED KHAN, FIROZ MANZIL, VILAHAM PURAYIDAM, CHITTWARD, PATHANAMTITTA. BY ADV. SRI.PHILIP M.VARUGHESE SRI.V.AJITH KUMAR RESPONDENT(S)/RESPONDENT: -------------------------------------- 1. MUHAMMED KHAN, AGED 59 YEARS, ABENZAR HOUSE, KUMBAZHA, PATHANAMTHITTA, RESIDING AT FIROZ MANZIL, VILAHAM PURAYIDAM, CHITTOOR WARD, PATHANAMTHITTA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADV. SRI.M.T.SURESHKUMAR FOR R1 SRI.V.V.RAJA FOR R1 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J.= = = = = = = = = = = = = = R.P(F.C.) NO. 5 OF 2009= = = = = = = = = = = = = = = Dated this the 20th day of March, 2009.

O R D E RThis revision is preferred by the wife against the husband for enhancement of maintenance as per S.127Cr.P.C. The Family Court, Thiruvalla by its order dated12.5.05 directed the husband to pay a maintenance ofRs.700/- to the wife from the date of petition. The husbandis admittedly a retired K.S.R.T.C. employee and according to him he is having a pension of Rs.2,652/-. It is submitted that he is a blood pressure patient plus sugar patient and heis under the protection of his son who is working abroad. The wife would contend the husband is having a monthly income of Rs.25,000/- and that he is having a Scorpio van. The husband would depose that his son has got a Scorpiovan and he used to drive the same. There is no suggestion or indication to show that the said Scorpio van is being used as a taxi which would become a source of income. Furtherthe averment in the previous maintenance case would reveal R.P(F.C.) NO. 5 OF 2009-:2:-that the wife has got different contentions. She would say that he is a money lender and that he is a tourist bus driver. Now she turn round and would submit that he is owningScorpio van and making money. There are absolutely no materials to show that he is having a van or a van which belongs to the son is being plied as taxi. So in the absence of any concrete materials it is to be held that it has not been established that there is change of circumstance so as to entitle the Court to vary the maintenance. Therefore I do not find any irregularity, illegality or perversity which requires interference at the hands of this Court. Thereforethe R.P.(F.C) is dismissed. If there is change of circumstances, then needless to say, the wife is entitled to move under Section 127 Cr.P.C.for enhancement.M.N. KRISHNAN, JUDGE.ul/-