High Court Kerala High Court

N.Jayasankar vs T.P.Pushapa on 9 September, 2009

Kerala High Court
N.Jayasankar vs T.P.Pushapa on 9 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 337 of 2009()


1. N.JAYASANKAR, AGED 44 YEARS,
                      ...  Petitioner

                        Vs



1. T.P.PUSHAPA, AGED 40 YEARS,
                       ...       Respondent

2. MOHAN JAYASANKAR (MINOR),

3. ASHA JAYASANKAR (MINOR),

                For Petitioner  :SRI.JACOB ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :09/09/2009

 O R D E R
                       P.S.GOPINATHAN, J
                ----------------------------------------
                    R.P.(F.C.)No.337 of 2009
                ----------------------------------------
          Dated this the 9th day of September, 2009

                               ORDER

Revision petitioner is the respondent in M.C.No.181 of

2008, a petition under section 125 Code of Criminal Procedure.

The respondents herein are the wife and children of the revision

petitioner. Seeking an order to pay separate maintenance, the

above petition was prefered by the respondents. The lower court

after due enquiry, by a common order in O.P.No.494/2008 &

M.C.No.181/2008 dated 1/6/2009 allowed the petition in part.

The prayer for maintenance to the first respondent was

disallowed. Whereas maintenance to respondents 2 and 3 was

ordered at the rate of Rs.5,000/- each per month. Assailing the

legality, correctness and propriety of that order this revision

petition was prefered. The following are the grounds urged in

revision memorandum;-

1. The judgment of the court below to the extent

it is sought to be revised is against law, weight

of evidence, incorrect, etc.

2. The court below ought to have found that the

first respondent is paid a sum of Rs.7,11,000/-

by the revision petitioner for the maintenance

R.P.(F.C.)No.337 of 2009
2

of the children and it has come out in

evidence that this fact is true.

3. The Family Court ought to have ordered

adjustment of Rs.7,11,000/-, the amount

entrusted with the first respondent by

the revision petitioner for the maintenance

of the children against his liability under

the impugned judgment.

2. The revision petitioner is not at all assailing the

correctness of the maintenance awarded or the quantum

thereon. But his case is one for adjustment of the amount said to

have been already deposited in the name of the first respondent.

It is seen that petitioner has not applied before the lower court

for making any such adjustment. So, there is no order also. In

the above circumstances I find no merit in this revision petition.

Hence it is dismissed without prejudice to the petitioner to urge

his contention, if any, before the trial court, which shall dispose

such application, if any filed on merits.

P.S.GOPINATHAN, JUDGE

skj.