IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35015 of 2007(S)
1. MOHANDAS, S/O.PARVATHY, NEAR TULASI
... Petitioner
Vs
1. A.K.NIRMALADEVI, D/O.KUMARAN,
... Respondent
For Petitioner :SRI.JOHN JOSEPH(ROY)
For Respondent :SMT.P.K.RADHIKA
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :26/02/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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W.P.(C) NO. 35015 OF 2007
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Dated this the 26th day of February, 2008
JUDGMENT
Harun-Ul-Rashid, J.
This Writ Petition is filed by the petitioner in O.P. No.1334 of 2006
on the file of the Family Court, Palakkad, a petition for divorce under
Section 13 of the Hindu Marriage Act. The prayer in the Writ Petition is
for issuance of a Writ of Certiorari to set aside Ext.P1 order dated 5.9.2007
in I.A. No.831 of 2007 in the said Original Petition.
2. I.A. No.831 of 2007 is an application filed by the wife claiming
pendente lite maintenance at the rate of Rs.5,000/- per month and
Rs.15,000/- as litigation expenses. The petitioner in the interlocutory
application is unemployed and is depending on her father for her
livelihood. The petitioner in the Original Petition who is the husband
resisted the application contending that his wife has got sufficient income
from various sources. The court below, after examining the pleadings and
contentions raised by both sides, was satisfied that the wife had no
independent income sufficient for her support and expenses. The court
W.P.(C)NO.35015/2007 2
below also found that the husband is a Government employee working at
Naval Base, Kochi and that his gross salary was Rs.9,919/- at the time of
passing the impugned order. It is also submitted by the learned counsel
appearing for the respondent herein that the present salary of the
petitioner/husband works out to more than Rs.11,000/- per month.
3. The court below after considering the net salary of the husband,
as evidenced by his salary certificate, fixed Rs.1,500/- per month as
pendente lite maintenance and Rs.2,000/- as litigation expenses. The
amount fixed by the court below is very reasonable taking into account the
income of the husband. Hence, we find no reason to grant any relief to the
petitioner in this Writ Petition.
The Writ Petition is accordingly dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
W.P.(C)NO.35015/2007 3
KURAIN JOSEPH &
HAURN-UL-RASHID, J.J
W.P.(C)NO.35015/2007
JUDGMENT
26TH FEBRUARY, 2008