IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 17849 of 2008(S) -------------------------- I.A. NO. 1668/2007 IN OP.219/2007 OF FAMILY COURT, PALAKKAD PETITIONER(S): SARAVANAKUMAR.R., S/O.RADHAKRISHNAN, OPP.TO UCHI MAHALIYAMMAN KOVIL, KOTTIL STREET, PATTIKARA, VADAKKANTHARA, PALAKKAD. BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): 1. R.ANITHA, D/O.RAJENDRAN, OHM SAKTHI ILLAM, VELLAMTHARA, CHITTUR. 2. SREEDEVI, AGED 3 1/2 YEARS (MINOR) GUARDIAN MOTHER REPRESENTED BY 1ST RESPONDENT. 3. SREE HARI, AGED 2 1/2 YEARS (MINOR) GUARDIAN/MOTHER REPRESENTED BY 1ST RESPONDENT. 4. THE FAMILY COURT, PALAKKAD. ADV. SRI.P.K.MOHANAN(PALAKKAD) FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 17849/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A YTRUE COPY OF THE SETTLEMENT ORDER DATED 14.9.2007. EXT.P2 A TRUE COPY OF ORDER DATED 9.10.2007. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. knc/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) 17849/2008 = = = = = = = = = = = = DATED THIS, THE 7TH DAY OF OCTOBER, 2008. J U D G M E N T Raman, J. In a Maintenance proceeding initiated by the wife, the husband is directed to pay maintenance at the rate of Rs. 750/- per month towards the wife as also to one child and a further amount of Rs. 500/- as maintenance towards the second child. Thus, a total amount of Rs. 2,000/- is ordered to be paid by way of maintenance to the family consisting of wife and two children. It was at that time, the original petition was filed before the Family Court for divorce by the husband. The wife filed a petition for recovery of gold. In the divorce petition, an interlocutory application was filed by the wife seeking interim maintenance and as per the order produced as Ext.P2 herein, the Family Court ordered to pay an amount of Rs. 2,000/- per month to the wife and a further amount of rs. 3,000/- as litigation expenses. Impugning the said order, the husband has filed this writ petition. 2. We have heard the parties. Since an amount of Rs. 750/- is already WP(C) 17849/2008 :2: ordered to be paid by the husband towards maintenance for the wife, it is contended that the present order fixing a further amount of Rs. 2,000/- is without considering the capacity to pay the amount as also failing to take note of the earlier order passed in the maintenance case. Even though it is contended that the amount fixed is also high, in the factual situation, the only clarification that is required to be made is as follows: 3. The husband shall continue to pay maintenance towards the children as already ordered in the proceedings under Section 125of the Act. As against the maintenance ordered for the wife, since an amount of Rs. 750/- is already being paid as ordered in the M.C. proceedings, the husband need pay only Rs. 1250/- (One thousand two hundred and fifty only) more as per the impugned order. This position is clarified. The writ petition is closed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-