IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 37603 of 2007(S) -------------------------- OP.1396/2006 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): --------------- RAVI NAIR, S/O.SEETHALAKSHMI AMMA, RESIDING AT PARIYARATH HOUSE, KATTUKULAM AMSOM, OTTAPALAM TALUK, PALAKKAD DISTRICT/. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): --------------- SMITHA, D/O.PADMINI AMMA, RESIDING AT CHANGARATH HOUSE, SREEKRISHNAPURAM AMSOM OTTAPALAM TALUK, PALAKKAD DISTRICT. ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37603 of 2007(S) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE NOTICE ISSUED BY THE COMMISSIONER OF INCOME TAX DATED 31/05/2007 EXT.P2 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO THE NOTICE DATED 12/06/2007. EXT.P3 TRUE COPY OF THE LETTER ISSUED BY THE COMMISSIONER OF INCOME TAX TO M.R.SHAMSAD, ADVOCATE, SUPREME COURT OF INDIA, DATED 14/06/2007. EXT.P4 TRUE COPY OF THE INCOME TAX RETURN AND COMPUTATION OF TOTAL INCOME FOR THE YEAR 2006-07 DATED 31/07/2006. EXT.P5 TRUE COPY OF THE INCOME TAX RETURN AND COMPUTATION OF TOTAL INCOME FOR THE YEAR 2007-08 DATED 31/07/2007. EXT.P6 TRUE COPY OF THE ORDER IN I.A.NO.399/2007 IN O.P.NO.1396/2006 ON THE FILE OF THE FAMILY COURT, PALAKKAD DATED 10/08/2007. \\TRUE COPY// P.A TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37603 of 2007-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of October, 2008. JUDGMENT Raman, J. The petitioner who is the husband in a matrimonial dispute, has filed this writ petition seeking to challenge an order passed granting interim maintenance at the rate of Rs.3,000/- per month. The main matter is still pending before the court below. The court below has fixed an amount of Rs.3,000/- per month by way of pendente lite interim maintenance and also ordered to pay litigation expense of Rs.5,000/-. 2. It is contended by Shri Chitambarsh, learned Senior Counsel appearing on behalf of the petitioner that the court below has relied on the income tax certificate produced in this case and as a matter of fact, his client has no job at present. The court below was not justified in ordering interim maintenance at the rate of Rs.3,000/- per month which is on a higher side. It is further contended that in the absence of any acceptable evidence, at this stage the court below ought not have fixed such a huge amount to be paid by way of interim maintenance. Learned counsel appearing on behalf of the respondent, on the other hand, supported the order. -2- 3. We have heard both sides. We find that the respondent herein is undergoing her graduation and she is young. She can make some amount by doing some tuition work and at this stage when the evidence itself is not being adduced by either side, we find that the fixation of an amount of Rs.3,000/- per month as interim maintenance, is on a higher side. 4. Accordingly, we fix an amount of Rs.2,000/- as pendente lite interim maintenance until the matter is finally decided. An amount of Rs.34,000/- was already paid. On a rough calculation, as on date an amount of Rs.40,000/- will be due. Hence, the balance amount is Rs.6,000/- and litigation expense is reduced to Rs.4,000/-. Thus, a total amount of Rs.10,000/- will be paid by the appellant to the respondent within a week's time. He shall continue to pay interim maintenance at the rate of Rs.2,000/- per month until final adjudication of the matter. The appeal is disposed of as above. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/