Kerala High Court
Basheer Valiyakath Karakkadu vs Kadeejuthul Kubara on 6 October, 2009
Bench: R.Basant, M.C.Hari Rani
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mat.Appeal.No. 670 of 2009()
1. BASHEER VALIYAKATH KARAKKADU,
... Petitioner
Vs
1. KADEEJUTHUL KUBARA,
... Respondent
2. NASHID, D/O.BASHEER VALIYAKATH
For Petitioner :SRI.JAMSHEED HAFIZ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :06/10/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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Mat.Appeal No.670 of 2009
& R.P.(F.C)No.358 of 2009
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Dated this the 6th day of October 2009
J U D G M E N T
Basant,J This Mat.Appeal and the R.P.(F.C) are directed against a common order under which the revision petitioner/appellant has been directed to pay an amount of Rs.3,000/- per mensum to his wife and Rs.1,500/- per mensum to his minor child as maintenance. The order passed under Section 125 Cr.P.C directs payment of future maintenance.
2. We have heard the learned counsel for the petitioner/appellant in detail. Marriage is admitted. Paternity is admitted. The minor child has already attained majority and the impugned order directs that payment of future maintenance need be paid only till the date of attainment of majority by the minor child. The learned counsel for the petitioner submits that the petitioner/appellant had contended that there was a valid divorce. Absolutely no documents have been produced. Except the self-serving assertion of the respondent as RW1, there is no material to show that any valid dissolution of marriage by pronouncement of talaq had taken place in compliance with the Mat.Appeal No.670/09 & R.P.(F.C) No.358/09 2 dictum in Shamim Ara v. State of U.P [2002(3)KLT 537 (SC)]. The said contention - that there has been a valid divorce, cannot, in these circumstances, be accepted at all.
3. What survives is only a dispute about the quantum of maintenance payable. The court below had directed payment of an amount of Rs.3,000/- per mensum to the wife. So far as the quantum of maintenance awarded to the child, the learned counsel for the petitioner/appellant does not raise any serious dispute.
4. The short question then is whether the quantum of monthly maintenance awarded to the wife at the rate of Rs.3,000/- per mensum is excessive. The appellant/petitioner was admittedly employed abroad. Going by his own statement on oath, he is aged 50 years now. He had gone to the Gulf countries for employment at the age of 28 years. He was employed at the Defence Forces there. He returned only on 08/05/2008. Admittedly, he hails from an affluent family in the locality. Admittedly he has landed properties. According to him, he is now unemployed after his return from the Gulf countries.
5. The appellant/petitioner has a further contention that he has assigned 25 cents of lands to the wife and that she is residing in a house belonging to the petitioner. There is no satisfactory evidence to prove that the wife is not unable to maintain herself or Mat.Appeal No.670/09 & R.P.(F.C) No.358/09 3 that any income is derived from properties sufficient to discharge the liability to pay maintenance.
6. We have gone through the impugned order. Taking the totality of the circumstances into account, we are unable to find any merit in the challenge against the quantum of maintenance awarded to the wife. Invoking the appellate jurisdiction under Section 19 of the Family Courts Act or invoking the supervisory and correctional jurisdiction as a court of revision, we are not persuaded to agree that the quantum of maintenance awarded does warrant interference.
7. In the totality of the facts and circumstances placed before the court below, we are satisfied that the quantum of maintenance awarded to the wife and child is absolutely fair, reasonable, cogent and just and do not, at any rate, warrant interference by invocation of the appellate or revisional jurisdiction.
8. In the result, this Mat.Appeal and R.P.(F.C) are dismissed in limini.
(R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr Mat.Appeal No.670/09 & R.P.(F.C) No.358/09 4 Mat.Appeal No.670/09 & R.P.(F.C) No.358/09 5 Mat.Appeal No.670/09 & R.P.(F.C) No.358/09 6 R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT 29/07/2009