IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 241 of 2009()
1. ZAKKEER, AGED 36 YEARS,
... Petitioner
Vs
1. LIJAMOL.P.J., AGED 29 YEARS,
... Respondent
2. KICHU, S/O.LIJAMOL.P.J., AGED 2 1/2YEARS
3. BICHU, S/O.LIJAMOL.P.J., AGED 2 1/2YEARS
For Petitioner :SRI.R.ARUN RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :29/06/2009
O R D E R
THOMAS P. JOSEPH, J.
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R.P.(FC) No.241 of 2009
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Dated this the 29th day of June, 2009.
ORDER
Heard counsel for petitioner.
2. This revision is in challenge of the interim order for payment of
maintenance in favour of respondent Nos.2 and 3, children aged two and a half
years (twins). Though there was a request for interim maintenance for
respondent No.1, that request was not allowed. Considering the age of the twins
(respondent Nos.2 and 3) petitioner was directed to pay interim maintenance to
them at the rate of Rs.1,500/- per month. It is contended by the learned counsel
that petitioner is unable to pay maintenance at that rate.
2. It is not disputed that petitioner is a gulf returnee though that by
itself is not sufficient to draw any inference regarding his means. Provision for
interim maintenance is to prevent vagrancy and ameliorate distress in the
course of trial of the case. Even as per the statement of learned counsel two
other cases are also pending between the parties. Children aged two and a half
years cannot be left to starve until the case is disposed of by the learned Judge
of Family Court. The amount awarded is only at the rate of Rs.50/- per day to
each of the children who are aged two and a half years. I am not satisfied that
the amount awarded is exorbitant so as to call for interference at this stage.
RP(FC) No.241/2009
2
Petitioner can raise all his contentions including his incapacity to pay
maintenance in the trial court. There is no reason to interfere with the order
under challenge in this revision.
Revision fails. It is dismissed.
THOMAS P.JOSEPH,
Judge.
cks