IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 18320 of 2006(E) -------------------------- AGAINST THE ORDER DATED 10/10/2005 IN IA. 1710 /2004 IN OP.1551/2002 of FAMILY COURT,TRIVANDRUM .................... PETITIONER/RESPONDENT: ------------ SALAMUDIN, S/O.MUHAMMED IBRAHIM, AGED 39 YEARS, THENGUVILA VEEDU, PALACHIRA, VARKALA P.O., CHIRAYINKEEZH TALUK. BY ADVS. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT/PETITIONER: ------------- SAREENA HAMEED, D/O.SHAHUL HAMEED, `ARAMOM', SREEKARYAM, PANGAPPARA P.O., PANGAPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY // THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A photostat copy of the order in I.A. No.1710/2004 in O.P. No.1551/2002 of the Family Court, Thiruvananthapuram. Ext.P2: A photostat copy of the common order in I.A. Nos. 663/2006, 717/2006, 718/2006 and 3199/2005 in O.P.No.1551/2002 of the Family Court, Thiruvananthapuram. Ext.P3: A photostat copy of the relevant page of the personal register maintained at Kadakkavoor Police Station in which the statement and signature of the father of the petitioner Sri. Shahul Hameed is recorded. Ext.P4: Photostat copy of the postal cover and acknowledgment card. Ext.P5: Photostat copy of the postal cover and acknowledgment card. RESPONDENT'S EXHIBITS: NIL KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 18320 OF 2006 ---------------------------------------------------------------- Dated this the 14th day of August, 2008 JUDGMENT Harun-Ul-Rashid, J. This Writ Petition is filed by the husband for issuance of a writ of certiorari to set aside Exts.P1 and P2 orders passed by the Family Court, Thiruvananthapuram. 2. The marriage between the petitioner and respondent was solemnised on 10.10.1999. The married life between the parties did not last long. They picked up quarrels and realised that they could not live together as husband and wife. Alleging that the respondent/wife is living separately without any reasonable cause, the husband filed O.P.No.567 of 2000 for restitution of conjugal rights before the Family Court, Nedumangad. He also filed O.P. No.672 of 2003 for recovery of Rs.1,76,560/- being the amount sent to the wife during his employment in the Gulf country. Both the Original Petitions are pending. In the meanwhile, the wife filed O.P. No.1551 of 2002 before the Family Court, Thiruvananthapuram for maintenance and other reliefs. She also filed O.P. W.P.(C)NO.18320/2006 2 No.1441 of 2003 before the same court for divorce. These Original Petitions are also pending. She filed I.A. No.1710 of 2004 in O.P. No. 1551 of 2002 for interim maintenance alleging that the petitioner/husband is employed in the Gulf country and is earning a monthly salary of Rs.30,000/-. The Family Court by Ext.P1order dated 10.10.2005 allowed the application and directed the husband to pay interim maintenance at the rate of Rs.5,00/- per month. The prayer of the petitioner/husband to review Ext.P1 order was rejected by the Family Court as per Ext.P2 order dated 16.6.2006. 3. It is submitted by the learned counsel appearing for the petitioner that the petitioner has divorced his wife by pronouncing talaq on 14.8.2006. We heard both sides. We find that there is no valid ground for an effective challenge against grant of maintenance at the rate of Rs.500/- per month. The reasons stated for setting aside the orders under challenge are not convincing. Instead of challenging the said orders, the petitioner ought to have sought an expeditious disposal of the Original Petition which was filed in 2002 and pending for all these years. 4. We have gone through Exts.P1 and P2 orders and we find no reason to interfere with the said orders. At the same time, we direct the W.P.(C)NO.18320/2006 3 Family Court, Thiruvananthapuram to expedite disposal of O.P. No.1551 of 2002, at any rate within a period of six months from the date of receipt of a copy of this judgment. We further order that the maintenance ordered by the Family Court shall be payable by the petitioner only till 14.8.2006 when she was remarried. The Writ Petition is disposed of as above. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.18320/2006 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C) NO. 18320/2006 JUDGMENT 14th August, 2008 W.P.(C)NO.18320/2006 5