High Court Kerala High Court

Yakkiparamban Hassankutty vs Cheeranthodi Nusaiba on 3 November, 2009

Kerala High Court
Yakkiparamban Hassankutty vs Cheeranthodi Nusaiba on 3 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 274 of 2005()


1. YAKKIPARAMBAN HASSANKUTTY,
                      ...  Petitioner

                        Vs



1. CHEERANTHODI NUSAIBA, D/O. MUHAMMED,
                       ...       Respondent

2. AYISA SHAHANA, 2 YEARS.

3. MUHAMMED SHABEER, 1 1/2 YEARS,

                For Petitioner  :SRI.M.K.CHANDRA MOHANDAS

                For Respondent  :SRI.BABU S. NAIR

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :03/11/2009

 O R D E R

R.BASANT & M.C.HARI RANI, JJ.

————————————
C.M.Appl.No.2061 of 2005 &
Mat.Appeal No.274 of 2005

————————————-
Dated this the 3rd day of November, 2009

ORDER/JUDGMENT

BASANT, J.

This petition is to condone the delay of 20 days in filing a

matrimonial appeal. The appeal in turn challenges a decree for

payment of past maintenance to the wife and child. Total

amount payable under the decree is Rs.31,050/-. The

respondent has entered appearance. We are satisfied, in these

circumstances, that a lenient view can be taken and the delay

can be condoned.

2. Petition allowed. Delay condoned.

3. We have heard the learned counsel for the appellant

on merits for admission. The impugned order directs payment of

past maintenance @ Rs.600/- per mensem to the wife and

Rs.450/- per mensem each to the two minor children. It is thus

that the total amount of Rs.31,050/- is payable as past

maintenance.

4. Marriage is admitted. Paternity is not disputed.

Separate residence is conceded. Admittedly the appellant is an

C.M.Appl.No.2061 of 2005 &
Mat.Appeal No.274 of 2005 2

autorickshaw driver. There is a contention that the appellant has

gone abroad in search of an employment and has taken up

employment there. He, who was present before court during the

initial stages, did not later on appear before court. He was

represented thereafter by his power of attorney holder/mother.

The power of attorney holder examined herself as RW1. The

court below, in these circumstances, came to the conclusion that

the claimants are entitled to past maintenance at the rates

indicated above.

5. The appellant claims to be aggrieved by the impugned

order. What is the grievance? The only grievance raised is that

the amount of maintenance awarded is excessive.

6. We will completely ignore the fact that the appellant

has now gone abroad and is alleged to have taken up

employment there. Even admittedly, at the relevant time he was

an autorickshaw driver. Even reckoning him only as an able

bodied person, we are satisfied that the quantum of maintenance

awarded is absolutely fair, reasonable, modest and just. The

same does not at all warrant interference invoking the appellate

C.M.Appl.No.2061 of 2005 &
Mat.Appeal No.274 of 2005 3

jurisdiction under Section 19 of the Family Courts Act.

7. In the result, this Matrimonial Appeal is dismissed.

The impugned order is upheld.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)

rtr/-