IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 RPFC.No. 9 of 2008() ------------------------- MC.249/2007 OF FAMILY COURT, MALAPPURAM .................... REVN. PETITIONER/RESPONDENT --------------------------------------------- KARADIPARAKKAL BEERANKUTTY, REP. BY POWER OF ATTORNEY HYDER HAJI, KIZHIYOTH HOUSE, CHELEMBRA, CHELEMBRA AMSOM, PULLIPARAMB DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.MUJEEB RESPONDENT(S): PETITIONERS -------------------------------------- 1. SOUDA BEEVI, AGED 36 YEARS, D/O. HALAYIL KANDANCHERI MOIDEEN, MALAYIL KANDANCHERI HOUSE, KUZHIYIL VALLIKUNNU AMSOM DESOM, P.O.VALLIKKUNNU NORTH, TIRURANGADI TALUK. 2. ARSAD, AGED 11 YEARS, (MINOR), 3. ASEEKHA, AGED 19 YEARS, (MINOR), 4. AHLA, AGED 3 YEARS, (MINOR), (MINOR RESPONDENTS ARE REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT). ADV. SMT.SANGEETHA LAKSHMANA FOR R1 TO 4 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 17/03/2009, ALONG WITH RPFC NO. 55 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P(F.C.) NOs. 9 and 55 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of March, 2009. O R D E R R.P.(FC) 55/08 is filed by the wife for enhancement of the maintenance ordered and R.P.(FC)9/08 is filed by the husband challenging the very grant of maintenance. The wife claims maintenance on the ground of abandonment by the husband and the Court below granted an order of maintenance of Rs.2,000/- to the first petitioner, Rs.700/- to the 2nd petitioner, Rs.600/- to the 3rd petitioner and Rs.500/- to the 4th petitioner. The husband challenges the grant of maintenance to the wife on the ground that the matrimonial relationship has been put an end by pronouncement of 'Talaque' as the wife was leading adulterous life with one Sanoop. Though very serious contentions are raised the respondent did not mount the box and his aged father was put into the box who was not able to say anything. Ext.B5 is a call list of the phone calls alleged to be made by the wife and Ext.B6 is a letter alleged to be addressed to the wife R.P(F.C.) NOs. 9 & 55 OF 2008 -:2:- regarding pronouncement of 'Talaque'. It has to be stated that the respondent did not adduce any proper evidence in the case mainly for the reason that he was working abroad at that point of time. He wanted to impress upon the Court by relying on Ext.B5 that the wife had called Sanoop innumerable number of times which would establish the allegation raised by the husband against the wife. Similarly it is also submitted that there was witness to Ext.B6 'Talaque'. Uunfortunately materials were not placed before the Court and therefore considering the materials available it is desirable to grant an opportunity to the party to adduce evidence in support of the contention of the husband. Therefore the order under the maintenance case is set aside so far as it relates to the maintenance of the wife is concerned for the time being retaining the maintenance ordered to the children. Consideration of enhancement of maintenance to the wife and children can also be considered by the Family Court at the time of disposal of the case. The husband is bound to give the amount due to the children as R.P(F.C.) NOs. 9 & 55 OF 2008 -:3:- ordered by the Court till a final decision is taken on the matter. Therefore the order under challenge is set aside to the above extend and parties are directed to appear before the Court on 4.5.2009. 2. I also make it clear that the Family Court had not sent the deposition and exhibits in this case and the Family Court is directed to call for explanation from the concerned for not incorporating necessary documents. The R.P.(F.C) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-