IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 MFA.No. 153 of 1997() --------------------- OS.60/1993 of FAMILY COURT,TRIVANDRUM .................... APPELLANT: ----------- 1. C.KAMALAMMA, D/O.CHELLAMMA, AGED 51 YRS., RESIDING AT NEETTANITHADATHARIKATHU VEEDU, CHULLIMANOOR, ANAD VILLAGE, NEDUMANGAD TALUK. 2.K.R.SHEEJAKUMARI, D/O.KAMALAMMA, AGED 17 YRS., RESIDING AT -DO- 3.R.SANTHOSHKUMAR, S/O.RAJAPPAN, AGED 15 YRS., RESIDING AT -DO- BY ADV. SRI.L.MOHANAN SRI.D.SAJEEV RESPONDENTS: ------------- A.RAJAPPAN, S/O.YESUVADIYAN, RESIDING AT KUNDETTIKAMUKARA POYKA VEEDU, KARAKULAM VILLAGE, NEDUMANGAD. BY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- M.F.A. NO.153 OF 1997 ---------------------------------------------- Dated 10th January, 2008. J U D G M E N T Kurian Joseph, J. C.M.P.No.509/97 : Despite service of notice, there is no appearance for the respondent. Hence delay is condoned. Since the respondent has refused to receive notice in the delay petition, we do not think it necessary to send separate notice in the appeal. Appellants are wife and children of the respondent. They are aggrieved since the Family Court denied maintenance to the first appellant/wife and the quantum of maintenance to the appellants 2 and 3 was fixed at Rs.200/- per month. This appeal has been pending before this court for more than ten years now. The Family Court refused maintenance to the first appellant on the ground that the respondent is only a daily-waged worker whereas the first appellant is in possession of 49 cents, from where she has been getting an income of Rs.500/- per month. Be that as it may, in view of the efflux of time and the change in circumstances in the meanwhile, we make it clear that the judgment under appeal shall not stand in the way of the appellants approaching the Family Court under Section 127 of the MFA NO.153/97 2 Code of Criminal Procedure. The Miscellaneous First Appeal is disposed of as above. C.M.P.No.510/97 : Dismissed. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- M.F.A. NO.153 OF 1997 ---------------------------------------------- J U D G M E N T Dated 10th January, 2008.