IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22223 of 2005(U) -------------------------- AGAINST THE ORDER DATED 02/03/2005 IN IA.NO.2229 OF 2004 IN MOP.173/2003 of PRINCIPAL SUB COURT, PALAKKAD .................... PETITIONER: -------------- BIJOY, AGED 31 YEARS, S/O.KUTTAPPAN, KUTTIPPADY VEEDU, PERINGOTTU KURISSY AMSOM, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENT: ---------------- U.K.SHEENA, AGED 23 YEARS, D/O.UNNIKRISHNAN, KENAMPULLY, KACHERIMEDU, CHITTUR TALUK. BY ADV. SRI.JACOB SEBASTIAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioner's Exhibits:- Ext.P1:- True copy of the Order in I.A.No.2229/2004 in MOP No.173/2003 dt.2.3.2005. Ext.P2:- True copy of the Marriage OP No.173 of 2003 dt. 3.9.2003. /true copy/ P.S to Judge M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 22223 OF 2005 =========================== Dated this the 23rd day of July, 2008 JUDGMENT Petitioner is the husband and respondent the wife. This petition is filed challenging Ext.P1 order passed by the Sub Judge, Palakkad in M.O.P 173/2003 granting interim maintenance at the rate of 1200/- per month. Subsequently M.O.P 173/2003 was transferred to Family Court, Palakkad. It is admitted by both parties that MOP 173/2003 was subsequently dismissed as an order of divorce was passed at the instance of the petitioner herein by Family Court, Ernakulam. Ext.P1 order is only an interim maintenance awarded till the disposal of MOP 173/2003 which is admittedly disposed. Hence I do not find any reason to interfere with Ext.P1 order. Learned counsel appearing for petitioner submitted that petitioner is entitled to get set off for the amount paid under Ext.P1 order for the maintenance to be paid as per the order passed by W.P.(C) 22223/2005 2 Family Court under section 125 of Code of Criminal Procedure. It is a matter to be decided in that proceeding. Reserving the said right this petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006