IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 OP (FC).No. 3624 of 2011(R) --------------------------- AGAINST THE ORDER DATED 04/10/2011 IN IA 4284/2011 IN OP.354/2010 of FAMILY COURT,THRISSUR .................... PETITIONER: ----------------------- C.K.B.KHALID MON, S/O. LATE BAVUNNI, POTTAYIL HOUSE, ANCHANGADI, KADAPPURAM P.O., CHAVAKKAD TALUK, THRISSUR DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, P.B.KUNHI MOIDU, S/O. BAVUNNI, POTTAYIL HOUSE, MUTTIYOOR, THRISSUR DISTRICT. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): ----------------------------------- 1. P.M.ZEENATH, D/O. MUTHUKOYA THANGAL, POTTAYIL HOUSE, P.O.EDASSERY(VIA), THALIKKULAM, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680 589. 2. RINSHAD, S/O. C.K.B.KHALID MON, POTTAYIL HOUSE, P.O.EDASSERY(VIA), THALIKKULAM, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680 589. 3. DILSHAD, S/O. C.K.B.KHALID MON, POTTAYIL HOUSE, P.O.EDASSERY(VIA), THALIKKULAM, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680 589. 4. HIBA, D/O. C.K.B.KHALID MON, POTTAYIL HOUSE, P.O.EDASSERY(VIA), THALIKKULAM, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680 589. 5. RASHID, S/O. C.K.B.KHALID MON, POTTAYIL HOUSE, P.O.EDASSERY(VIA), THALIKKULAM, CHAVAKKAD TALUK, THRISSUR DISTRICT - 680 589. (MINORS 3 TO 5 ARE REPRESENTED BY THEIR GUARDIAN, MOTHER, 1ST RESPONDENT) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(FC)NO.3624/2011 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE IA 4284/11 IN OP NO.354/2010 FILED BEFORE THE FAMILY COURT, THRISSUR. EXT.P2 : TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER HEREIN THROUGH HIS POWER OF ATTORNEY HOLDER. EXT.P3 : TRUE COPY OF THE ORDER DTD.10.1.2011 IN IA NO.1581/2010 IN OP NO.354/2010 OF THE FAMILY COURT, THRISSUR. EXT.P4 : TRUE COPY OF THE ORDER DTD.4.10.2011 IN IA NO.4284/2011 IN OP NO.354/2010 OF THE FAMILY COURT, THRISSUR. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN & K. VINOD CHANDRAN, JJ. - - - - - - - - - - - - - - - - - O.P. (F.C.) No. 3624 of 2011 - - - - - - - - - - - - - - - - Dated this the 9th day of November, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. The petitioner is the respondent in a proceeding pending before the Family Court, Thrissur. By the impugned interlocutory order, the Family Court granted litigation expenses of `5000/- and interim maintenance at the rate of `5000/- for the wife, `4000/- for a minor aged 16 years and `3000/- each to two children aged 13 and 10 years respectively. 2. Admittedly, the father of the children who is the petitioner before us, works abroad. Going by the cause title, his address is shown as National Bank of Abudabi, Abudabi, U.A.E. He is contesting the proceedings before the court below and before us though power of attorney. The court below did not countenance his assertion through the power of attorney that he had pronounced thalaq. The learned Judge of the Family Court has made a reasonable conclusion that there is no material on record as of now to hold in favour of the thalaq as pleaded by the husband. With this, we do not find any justification to interfere O.P(F.C.). No. 3624/2011 -:2:- under Article 227 of the Constitution of India with the amounts fixed as interim maintenance, that too only from 01.07.2011 in an original proceeding instituted in 2010. Nor do we find any room to modify the order for litigation expenses. This Original Petition is accordingly dismissed in limine. THOTTATHIL B. RADHAKRISHNAN, JUDGE. K. VINOD CHANDRAN, JUDGE. rv O.P(F.C.). No. 3624/2011 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT