NAJEEB M. S. Vs. SAJNA

JUDGEMENT

(1.) This Revision Petition filed under Sec. 19(4) of the Family Court Act r/w Ss. 397 and 401 of Cr.P.C arises out of the judgment in M.C.No.95/2018 dtd. 27/2/2021 on the file of the Family Court, Muvattupuzha. The revision petitioner is the sole respondent in the M.C.

(2.) Heard both sides.

(3.) The Family Court considered O.P.No.672/2017, O.P.No.252/2018, O.P.No.415/2018 and M.C.No.95/2018 and in the M.C the learned Family Court Judge granted monthly maintenance to the 1st petitioner @ Rs.2,500.00 and Rs.3,000.00 each to petitioners 2 and 3. The above finding is under challenge in this Revision Petition. In this matter, the respondents, who are wife and children of the revision petitioner, who is the respondent in the M.C, claimed Rs.9,000.00 and Rs.8,000.00 respectively towards monthly maintenance. According to the original petitioners, they did not have any income to maintain themselves. Further, petitioners 2 and 3 are studying in 6th and 9th standards at the time of filing the petition and therefore, the above amount is required for food, cloth and medicine as well as educational expenses. The 1st petitioner given evidence supporting the said claim. Though it has been contended by the petitioners before the Family Court that the respondent/revision petitioner herein is having monthly income of Rs.50,000.00 from his provision store, the said income was not established. Though the revision petitioner contended before the Family Court that the 1st petitioner has been working as a Telecaller in an institution owned by RW5, during examination RW5 had deposed that the same is a temporary employment. However, running of provision shop by the respondent is admitted though the income has not been established fully. In this matter, the Family Court is too lenient in the matter of quantum of compensation. That is to say, the Family Court granted monthly maintenance only Rs.2,500.00 to the 1st petitioner and Rs.3,000.00 each to petitioners 2 and 3, who are students admittedly.