IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 28053 of 2007(S) -------------------------- AGAINST THE ORDER DATED 21/08/2007 IN IA.1802/2007 IN OP.HMA.423/2007 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- K.GIREESAN, S/O. KRISHNAN, AGED 45 YRS, RESIDING AT MEHOOB, TC 11/1527-1, DEVASWOM BOARD JUNCTION, KAWDIAR, TRIVANDRUM. BY ADV. SMT.K.KUSUMAM RESPONDENT(S): --------------- GEETHA, D/O. GOMATHY, AGED 38 YEARS, NOW RESIDING AT KRA 70, BANK ROAD, KUDAVOOR, ANAYARA P.O., PETTAH, THIRUVANANTHAPURAM, FROM ERIYANNOORKONATHU VEEDU, NEAR KURISADI JUNCTION, NALANCHIRA, THIRUVANANTHAPURAM. ADV. SRI.S.M.PREM SMT.K.P.SANTHI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28053 of 2007(S) APPENDIX EXT.P1-TRUE COPY OF IA 1582/2007 EXT.P2-TRUE COPY OF IA 1802/2007 EXT.P3-TRUE COPY OF ORDER OF FAMILY COURT IN IA 1802/2007 EXT.P4-TRUE COPY OF LETTER ISSUED BY ANANTHAPURI HOSPITAL, TRIVANDRUM TO THE PETITIONER. EXT.P5-PHOTOGRAPHS OF THE RESPONDENT. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.28053/2007-S ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of October, 2008. J U D G M E N T Ramachandran Nair, J. The sole dispute raised in this writ petition filed by the husband is regarding the quantum fixed by the Family Court towards monthly maintenance i.e at the rate of Rs.5,000/-. The contentions raised are that the Family Court did not consider his position in life and also the fact that the petitioner is looking after the children. It is also contended that the wife was employed as a Security Officer, in Ananthapuri Hospital. 2. Various interim orders have been passed in this case during the pendency of this writ petition. Finally, as per the order dated 18/09/2008, we directed the petitioner to pay Rs.2,250/- per month from October, 2008 and, we have also directed the Family Court to proceed with the case pending before it. 3. The learned counsel for the respondent submitted that the said arrangement can be continued till the matter is finally disposed of by the W.P.(C).No.28053/2007 -:2:- Family Court, leaving all pending matters to be decided by that Court. It is also submitted that even though by order dated 21/05/2008, this Court had allowed the respondent to visit the children at the residence of the petitioner on alternate Sundays, that is not being complied with by the husband, namely, the petitioner. The only issue that is raised in this writ petition is that the interim maintenance ordered is on a higher side. The right, if any, of the wife to visit the children was not a subject matter. Only by an interim order passed herein an arrangement was made pending the writ petition. The respondent will be free to file appropriate application before the Family Court to allow her to visit the children, and the court will pass appropriate orders on it after hearing parties. As regards interim maintenance, Ext.P3 will stand modified as already directed by us in the interim order dated 23/10/2008 and the petitioner will continue to pay the amount of Rs.2,250/- per month. The parties will appear before the Family Court on 18/11/2008. The writ petition is disposed of as above. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms