High Court Kerala High Court

C.Kamalamma vs A.Rajappan on 10 January, 2008

Kerala High Court
C.Kamalamma vs A.Rajappan on 10 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 153 of 1997()



1. C.KAMALAMMA
                      ...  Petitioner

                        Vs

1. A.RAJAPPAN
                       ...       Respondent

                For Petitioner  :SRI.L.MOHANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :10/01/2008

 O R D E R
          KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
              ----------------------------------------------
                    M.F.A. NO.153 OF 1997
              ----------------------------------------------
                   Dated 10th January, 2008.

                          J U D G M E N T

Kurian Joseph, J.

C.M.P.No.509/97 : Despite service of notice, there is no

appearance for the respondent. Hence delay is condoned.

Since the respondent has refused to receive notice in

the delay petition, we do not think it necessary to send separate

notice in the appeal. Appellants are wife and children of the

respondent. They are aggrieved since the Family Court denied

maintenance to the first appellant/wife and the quantum of

maintenance to the appellants 2 and 3 was fixed at Rs.200/- per

month. This appeal has been pending before this court for more

than ten years now. The Family Court refused maintenance to

the first appellant on the ground that the respondent is only a

daily-waged worker whereas the first appellant is in possession of

49 cents, from where she has been getting an income of Rs.500/-

per month. Be that as it may, in view of the efflux of time and

the change in circumstances in the meanwhile, we make it clear

that the judgment under appeal shall not stand in the way of the

appellants approaching the Family Court under Section 127 of the

MFA NO.153/97 2

Code of Criminal Procedure.

The Miscellaneous First Appeal is disposed of as

above.

C.M.P.No.510/97 : Dismissed.

KURIAN JOSEPH, JUDGE.

HARUN-UL-RASHID, JUDGE.

tgs

KURIAN JOSEPH &

HARUN-UL-RASHID, JJ

———————————————-

M.F.A. NO.153 OF 1997

———————————————-

J U D G M E N T

Dated 10th January, 2008.