IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 35015 of 2007(S) -------------------------- AGAINST THE ORDER IN IA 831/07 IN OP.1334/2006 of FAMILY COURT, PALAKKAD .................... PETITIONER: ------------ MOHANDAS, S/O.PARVATHY, NEAR TULASI RICE MILLS, KACHERIMEDU, CHITTUR TALUK, PALAKKADU DISTRICT. BY ADV. SRI.JOHN JOSEPH(ROY) RESPONDENT: ------------- A.K.NIRMALADEVI, D/O.KUMARAN, AGED 28 YEARS, ALAYAKUNNIL VEEDU, KUNNANKODE, VADAKKANCHERY, ALATHUR TALUK, PALAKKADU DISTRICT. BY ADV. SMT.P.K.RADHIKA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C) NO. 35015 OF 2007 ---------------------------------------------------------------- Dated this the 26th day of February, 2008 JUDGMENT Harun-Ul-Rashid, J. This Writ Petition is filed by the petitioner in O.P. No.1334 of 2006 on the file of the Family Court, Palakkad, a petition for divorce under Section 13 of the Hindu Marriage Act. The prayer in the Writ Petition is for issuance of a Writ of Certiorari to set aside Ext.P1 order dated 5.9.2007 in I.A. No.831 of 2007 in the said Original Petition. 2. I.A. No.831 of 2007 is an application filed by the wife claiming pendente lite maintenance at the rate of Rs.5,000/- per month and Rs.15,000/- as litigation expenses. The petitioner in the interlocutory application is unemployed and is depending on her father for her livelihood. The petitioner in the Original Petition who is the husband resisted the application contending that his wife has got sufficient income from various sources. The court below, after examining the pleadings and contentions raised by both sides, was satisfied that the wife had no independent income sufficient for her support and expenses. The court W.P.(C)NO.35015/2007 2 below also found that the husband is a Government employee working at Naval Base, Kochi and that his gross salary was Rs.9,919/- at the time of passing the impugned order. It is also submitted by the learned counsel appearing for the respondent herein that the present salary of the petitioner/husband works out to more than Rs.11,000/- per month. 3. The court below after considering the net salary of the husband, as evidenced by his salary certificate, fixed Rs.1,500/- per month as pendente lite maintenance and Rs.2,000/- as litigation expenses. The amount fixed by the court below is very reasonable taking into account the income of the husband. Hence, we find no reason to grant any relief to the petitioner in this Writ Petition. The Writ Petition is accordingly dismissed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.35015/2007 3 KURAIN JOSEPH & HAURN-UL-RASHID, J.J W.P.(C)NO.35015/2007 JUDGMENT 26TH FEBRUARY, 2008