IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Mat.Appeal.No. 532 of 2007() ---------------------------- OP.866/2005 of FAMILY COURT,THRISSUR .................... PETITIONER: PETITIONER ---------------------- KOUSALYA, AGED 82, W/O VELAYUDHAN, KANNAMPARAMBIL HOUSE, KAIPAMANGALAM VILLAGE, THRISSUR DIST. BY ADV. SRI.M.K.DILEEP KUMAR RESPONDENTS: RESPONDENT ----------------------- MANO MOHAN, S/O VELAYUDHAN, KANNAMPARAMBIL HOUSE, NEAR SRI MURUGAN THEATRE, CHENTRAPINNI VILLAGE(PO), THRISSUR DIST. BY ADV. SRI.JIJO PAUL THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- Mat.Appeal No.532 of 2007 ----------------------------------------- Dated this the 6th day of February, 2008 JUDGMENT Kurian Joseph,J. This is an appeal at the instance of the mother of the respondent. She is aggrieved since the Family Court disallowed the claim for past maintenance. There is also a grievance regarding the quantum of maintenance. It is seen from the order that the same is passed without taking any evidence. Apparently the court went by the willingness of the respondent son to pay future maintenance at the rate of Rs.400/-. What is the eligibility and what is the capacity have not been considered. There is no evidence either. True the court has gone for a speedy disposal of the case in view of the age of the appellant. But even then evidence should be taken. The parties agree that the matter can be sent back to the Family Court for fresh consideration in accordance with law. Therefore, we set aside the order as far as the denial of past maintenance and the quantum are concerned. O.P.No.866/2005 is remitted to the Family Court, Thrissur for Mat.Appeal No.532/2007 -:2:- proper decision in accordance with law on past maintenance and also on future maintenance taking note of the eligibility of the petitioner and capacity of the respondent. The parties will appear before the Family Court on 7-3-2008 and the case shall be disposed of within another three months. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- Mat.Appeal No.532 of 2007 ---------------------------- JUDGMENT 6th February, 2008