IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 28372 of 2009(R) -------------------------- AGAINST THE ORDER DATED 25/8/09 IN IA 1483 /2008 IN OP.333/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER: --------------- RENJITH GOPINATHA PILLAI, AGED 34 YEARS, S/O.LATE GOPINATHA PILLAI, RESIDING AT 'RAJEEVAM', MAVARA ROAD, KURUMPALA, PANDALAM. BY ADV. SRI.SIVAN MADATHIL RESPONDENT: --------------- RASNA RAMAKRISHNAN, D/O.K.V.RAMAKRISHNAN, FLAT.NO.B-3/5 BII, PENTA QUEEN APARTMENTS, PALARIVATTOM, EDAPPALLY P.O, KOCHI-682 024. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.28372 OF 2009 R ----------------------------------------------------- DATED THIS THE 8th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. The petitioner has come to this Court with this petition under Article 227 of the Constitution of India to assail an order passed by the Family Court, obliging him to pay maintenance pendente lite at the rate of Rs.5,000/- per mensem to his wife. 2. Marital tie is admitted. Wife has filed a petition for dissolution of marriage. The petitioner herein, the husband has filed a petition for restitution of conjugal rights also. Both petitions are now pending before the Family Court. The petitioner is admittedly employed abroad. He is working as an Aircraft Technician with the Qatar Airways. His admitted monthly income is Rs.1,20,000/-. The wife alleges that he gets other perquisites also. He resides abroad. The wife is residing in India. She is admittedly working as a Physiotherapist in the Amrita Hospital. The wife claims interim maintenance. The court below, after considering the rival contentions directed payment of an amount of Rs.5,000/-. W.P.(C)No.28372/09 -2- 3. The petitioner claims to be aggrieved by the said direction. He seeks the invocation of the extraordinary constitutional jurisdiction under Article 227 of the Constitution of India to interfere with the impugned order which is not an appealable order under Section 19. 4. What is the grievance? The learned counsel contends, first of all that the quantum of maintenance fixed is excessive. The husband employed abroad has been directed to pay Rs.5,000/- which comes to less than 4.2% of his total monthly income. In any view of the matter, we are unable to agree that the quantum fixed , viewed from the ability of the petitioner to pay the amount, is excessive. Notwithstanding the strenuous contention that the petitioner has to meet substantial expenses for surviving at Doha and has to maintain his aged parents, we are not persuaded to agree that the quantum of maintenance fixed is excessive. 5. It is secondly contended that the wife is employed. It appears that she is admittedly employed as a Physiotherapist in the Amrita Hospital. There is no specific evidence forthcoming W.P.(C)No.28372/09 -3- about the quantum of income she thereby derives. We will assume that the wife is having employment as a Physiotherapist in the Amrita Hospital. Even the probable income which she may possibly earn from such employment does not persuade us to hold that the direction issued by the court below to pay interim maintenance at the rate of Rs.5,000/- per mensem is excessive or perverse as to warrant invocation of the extraordinary constitutional jurisdiction under Article 277 of the Constitution of India. 6. No other grounds are urged. We are satisfied that there are no circumstances warranting interference with the impugned order. 7. This Writ Petition is accordingly dismissed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn