IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28053 of 2007(S)
1. K.GIREESAN, S/O. KRISHNAN, AGED 45 YRS,
... Petitioner
Vs
1. GEETHA, D/O. GOMATHY, AGED 38 YEARS,
... Respondent
For Petitioner :SMT.K.KUSUMAM
For Respondent :SRI.S.M.PREM
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/10/2008
O R D E R
P.R.Raman &
T.R. Ramachandran Nair, JJ.
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W.P.(C).No.28053/2007-S
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Dated this the 23rd day of October, 2008.
J U D G M E N T
Ramachandran Nair, J.
The sole dispute raised in this writ petition filed by the husband is
regarding the quantum fixed by the Family Court towards monthly
maintenance i.e at the rate of Rs.5,000/-. The contentions raised are that the
Family Court did not consider his position in life and also the fact that the
petitioner is looking after the children. It is also contended that the wife
was employed as a Security Officer, in Ananthapuri Hospital.
2. Various interim orders have been passed in this case during the
pendency of this writ petition. Finally, as per the order dated 18/09/2008,
we directed the petitioner to pay Rs.2,250/- per month from October, 2008
and, we have also directed the Family Court to proceed with the case
pending before it.
3. The learned counsel for the respondent submitted that the said
arrangement can be continued till the matter is finally disposed of by the
W.P.(C).No.28053/2007
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Family Court, leaving all pending matters to be decided by that Court. It is
also submitted that even though by order dated 21/05/2008, this Court had
allowed the respondent to visit the children at the residence of the petitioner
on alternate Sundays, that is not being complied with by the husband,
namely, the petitioner.
The only issue that is raised in this writ petition is that the interim
maintenance ordered is on a higher side. The right, if any, of the wife to
visit the children was not a subject matter. Only by an interim order passed
herein an arrangement was made pending the writ petition. The respondent
will be free to file appropriate application before the Family Court to allow
her to visit the children, and the court will pass appropriate orders on it after
hearing parties. As regards interim maintenance, Ext.P3 will stand modified
as already directed by us in the interim order dated 23/10/2008 and the
petitioner will continue to pay the amount of Rs.2,250/- per month. The
parties will appear before the Family Court on 18/11/2008.
The writ petition is disposed of as above.
(P.R. Raman, Judge.)
(T.R. Ramachandran Nair, Judge.)
ms