IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 35050 of 2008(S) --------------------------------------- OP.1253/2007 of FAMILY COURT, NEDUMANGAD CMP.10741/2007 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER: ----------------- SHAMNAD, AGED 33 YEARS, S/O.LATE ABUBACKER, MAHARBA MANZIL, KOCHUKARIKKALAM, DAIVAPURA P.O., PERINGAMMALA, NEDUMANGAD. BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI.M.CHANDRA BOSE DR.ABRAHAM P.MEACHINKARA SRI.A.RAJASIMHAN SRI.M.NIZARUDHEEN RESPONDENT: -------------------- HAZEENA, AGED 29 YEARS, D/O.KHADEEJA BEEVI, RESIDING AT THADATHARIKATHU VEEDU, THANNIIMOODU, KOCHUVILA P.O., PERINGANMALA, NEDUMANGAD. ADV. SRI.RAM MOHAN.G. FOR R1 SRI.G.P.SHINOD FOR R1 SRI.MANU V. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35050 OF 2008-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF O.P.1253/07 OF FAMILY COURT, NEDUMANGAD EXT.P2 TRUE COPY OF OBJECTION FILED BY PETITIONER IN O.P.1253/07 BEFORE FAMILY COURT, NEDUMANGAD. EXT.P3 TRUE COPY OF PETITION O.P.1382/07 FILED BY PETITIONER BEFORE FAMILY COURT, NEDUMANGAD EXT.P4 TRUE COPY OF I.A.2577/08 FILED BY RESPONDENT BEFORE FAMILY COURT, NEDUMANGAD EXT.P5 TRUE COPY OF ORDER IN I.A.2577/07 OF THE FAMILY COURT, NEDUMANGAD EXT.P6 TRUE COPY OF C.M.P.NO.10741/07 FILED BY RESPONDENT BEFORE JFCM I, NEDUMANGAD EXT.P7 TRUE COPY OF ORDER DATED 30.9.08 IN CMP 10741/07 BEFORE JFCM I, NEDUMANGAD EXT.P8 TRUE COPY OF THE SETTLEMENT DEED DATED 13.12.2002. / TRUE COPY / P.R.Raman & P.S.Gopinathan, JJ. ================================== WP(C)No.35050 of 2008 ================================== Dated this the 2nd day of March, 2009. JUDGMENT Raman, J. This is a matter where an interim order was passed by the Family Court directing the petitioner to pay maintenance at the rate of Rs.800/- per month. Though the petitioner has got a contention that the respondent has got sufficient means and he is employed, that is yet to be proved by him. However, having due regard to the nature of the order passed, we do not find any reason to interfere with the proceedings now pending before the Family Court. It is to be noted that the petition filed by the respondent herein under the Protection of Women from Domestic Violence Act, 2005 itself was disposed of directing the petitioner herein to pay at the rate of Rs.800/- per month. In the circumstances, we do not think WPC35050/08 -:2:- it appropriate to interfere with the quantum fixed by way of interim measure as per the order passed by the Family Court. We direct that maintenance by way of interim arrangement will be paid by the petitioner at the rate of Rs.800/- in all per month. Writ petition, subject to the direction as aforesaid, is dismissed. Since the main O.P. is pending before the Family Court regarding maintenance, it shall be disposed of expeditiously giving due credit to the order passed under the Domestic Violence Act. P.R.Raman, Judge. sl. P.S.Gopinathan, Judge.