IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Mat.Appeal.No. 31 of 2005() --------------------------- OS.312/1995 OF FAMILY COURT,TRIVANDRUM .................... APPELLANT/DEFENDANT: ------------------------------------- SUKUMARAN NAIR, S/O.LATE CHELLAPPAN PILLAI, R/A. AMBALATHUMVILA VEEDU, ALIADE PO, VENJARAMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL SRI.EBY GEORGE RESPONDENT/PLAINTIFF: ------------------------------------- OMANA AMMA, D/O.PANKAJAKSHY AMMA, T.C.49/1328, BEENA BHAVAN, SEETHAPURAM, MANAKKADU VILLAGE, THIRUVANANTHAPURAM TALUK. SRI.NAGARAJ NARAYANAN SRI.NAIR AJAY KRISHNAN SRI.SAIJO HASSAN SRI.SABU SREEDHARAN THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = Mat.Appeal 31/2005 & C.M.Appl.157/2005 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of March, 2010. Judgment Thottathil B.Radhakrishnan, J. This appeal is against a decree of divorce. The Family Court also awarded maintenance at the rate of Rs.500/- per month, for three years prior to suit and for future maintenance at the same rate. The request for charge on the pensionary benefits was refused. This Court was inclined to condone the delay in filing the appeal on condition that the amounts due as arrears are deposited. The appellant, who is stated to be under the treatment for chest disease, states through counsel that he has not remitted such amount. The order in the MA31/05 -: 2 :- C.M.Application therefore stands vacated. On merits also, we are satisfied that the quantum of maintenance fixed does not merit interference. Appeal is also hence dismissed. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/