IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA No. 153 of 1997()
1. C.KAMALAMMA
... Petitioner
Vs
1. A.RAJAPPAN
... Respondent
For Petitioner :SRI.L.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :10/01/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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M.F.A. NO.153 OF 1997
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Dated 10th January, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.P.No.509/97 : Despite service of notice, there is no
appearance for the respondent. Hence delay is condoned.
Since the respondent has refused to receive notice in
the delay petition, we do not think it necessary to send separate
notice in the appeal. Appellants are wife and children of the
respondent. They are aggrieved since the Family Court denied
maintenance to the first appellant/wife and the quantum of
maintenance to the appellants 2 and 3 was fixed at Rs.200/- per
month. This appeal has been pending before this court for more
than ten years now. The Family Court refused maintenance to
the first appellant on the ground that the respondent is only a
daily-waged worker whereas the first appellant is in possession of
49 cents, from where she has been getting an income of Rs.500/-
per month. Be that as it may, in view of the efflux of time and
the change in circumstances in the meanwhile, we make it clear
that the judgment under appeal shall not stand in the way of the
appellants approaching the Family Court under Section 127 of the
MFA NO.153/97 2
Code of Criminal Procedure.
The Miscellaneous First Appeal is disposed of as
above.
C.M.P.No.510/97 : Dismissed.
KURIAN JOSEPH, JUDGE.
HARUN-UL-RASHID, JUDGE.
tgs
KURIAN JOSEPH &
HARUN-UL-RASHID, JJ
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M.F.A. NO.153 OF 1997
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J U D G M E N T
Dated 10th January, 2008.