IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 13290 of 2008(S) -------------------------- OP.1202/2002 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: ------------ CHANDRAMOHAN NAIR AGED 61 YEARS, CHNDRAGIRI, KUZHUMA, MALAYANKEEZH, TRIVANDRUM BY ADV. SRI.N.ANILKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA ERNAKULAM 2. RAJAMMA, PANAYILVEEDU, KARICHIRA, PALLIPURAM, TRIVANDRUM NOW RESIDING AT VILLA NO.52 ASWATHY GARDENS, MENAKOLAM (PO) KORAKKOTTAM, TRIVANDRUM BY ADVs. SMT.MAJIDA.S FOR R2 SRI.AJIKHAN.M FOR R2 SRI.K.RAJESH KANNAN FOR R2 GOVT. PLEADER SRI. MOHAMMED ANZAR K.J.-R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A photostat copy of the statement showing the receipt of family pension of Rs.3,268/-. Ext.P2: Photostat copy of IA No.2564 of 2003 in O.P.No.1202/02 filed before the Family Court, Trivandrum. Ext.P3: A photostat copy of the proceedings dated 7.10.2003 in Interlocutory Application No.2564/02 in O.P.No.1202/02 of Family Court, Trivandrum. Ext.P4: A photostat copy of the objection filed on 17.5.2007 in O.P.No.1202/02 of Family Court, Trivandrum. Ext.P5: A photostat copy of the order dated 15.3.2008 in O.P.No. 1202/02 of Family Court, Trivandrum. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 13290 OF 2008 ---------------------------------------------------------------- Dated this the 25th day of June, 2008 JUDGMENT Kurian Joseph, J. The prayer in this Writ Petition is for a direction to dispose of O.P. No.1202 of 2002 pending before the Family Court, Thiruvananthapuram. Admittedly, the petitioner had been paying maintenance to the second respondent at the rate of Rs.500/- per month. Still admittedly, such payments were discontinued after October, 2003 on the ground that the second petitioner was in receipt of family pension. 2. According to the second respondent, the meagre pension which she is getting is not even sufficient to buy her medicines. Be that as it may, since the petitioner had no objection in paying maintenance at the rate of Rs.500/- , we direct the petitioner to continue to pay maintenance to the second respondent at the rate of Rs.500/- per month. The amount shall be paid before the 10th of every month. He shall also pay 50% of the arrears within one month from today and the balance within a period of two months from today. If the above direction is complied with, Ext.P2 W.P.(C)NO.13290/2008 2 shall be disposed of within three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.13290/2008 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO. 13290/2008 JUDGMENT 25th June, 2008