High Court Kerala High Court

K.Gireesan vs Geetha on 23 October, 2008

Kerala High Court
K.Gireesan vs Geetha on 23 October, 2008
       

  

  

 
 
  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.
                     ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                         W.P.(C).No.28053/2007-S
                     ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                 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
-:2:-

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.)

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