Devadas vs V.K.Jessy on 18 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 28194 of 2005(F)


1. DEVADAS, S/O.KUTTIKRISHNAN,
                      ...  Petitioner

                        Vs



1. V.K.JESSY, D/O.KUPPANKUTTY,
                       ...       Respondent

                For Petitioner  :SRI.K.MOHANA KANNAN

                For Respondent  :SRI.V.CHITAMBARESH

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :18/06/2007

 O R D E R
                              PIUS C. KURIAKOSE, J.

                               -------------------------------

                            W.P.(C) No. 28194 OF 2005

                             -----------------------------------

                      Dated this the 18th day of June, 2007


                                      JUDGMENT

Heard Smt.Zohra, learned counsel for the petitioner and

Sri.V.Chitambaresh, learned counsel for the respondent. Smt.Zohra

would submit that the impugned order directing payment of Rs.1,000/- to

the wife and Rs.500/- to the child is contrary to the pleadings raised by

the petitioner. The allegation that the petitioner has a Milma booth has

been stiffly denied in Ext.P4 counter and Ext.P5 order has been passed

merely on presumptions. Mr.Chitambaresh submits that there is no

warrant at all to interfere with the impugned order which is an order

under Section 24 of the Hindu Marriage Act and it is neither wholly

unreasonable or is one which can be branded as perverse. Smt.Zohra

would further submits that subsequent to the filing of the Writ Petition

the respondent filed MC No.15 of 2005 before the Magistrates Court and

that Court has ordered maintenance to the wife and child at the rate of

Rs.1,500/-. Mr.Chitambaresh would submit that the order of the

Magistrates Court is passed merely on the basis of the interim order

passed by this Court on 04.10.05. Mr.Chitambaresh would place

reliance on the judgment of this Court.

Having considered the rival submissions addressed at the Bar, I

WPC No.28194 of 2005

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am of the view that it cannot be said that the impugned order is vitiated

to the extent of warranting correction under Article 227.

Sri.Chitambaresh’s submission that the order was justified on the

pleadings of the parties has some force. Considering the totality of the

circumstances attending on this case, I dispose of the writ petition

reducing the amounts presently ordered under the impugned order,

payable to the wife as Rs.750/- and retaining the amount ordered for the

child as Rs.500/-. The court will not be influenced in any manner while

taking final decision in this matter by this reduction. The petitioner is

directed to clear the entire arrears at the rate of Rs.750 + Rs.500/- (total

Rs.1,250/-) within two months from today.

PIUS C. KURIAKOSE, JUDGE

btt

WPC No.28194 of 2005

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