IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 RPFC.No. 241 of 2009() ---------------------- AGAINST THE ORDER DATED 30/03/2009 IN MP.918/2008 IN MC.358/2008 of FAMILY COURT, ERNAKULAM .................... PETITIONER/COUNTER PETITIONER IN THE MC ----------------------------------------------------------- ZAKKEER, AGED 36 YEARS, S/O.ABDUL RAZAK, NADUCHIRA HOUSE, KUDAVACHOOR KARA. BY ADV. SRI.R.ARUN RAJ SRI.N.R.RAJESH RESPONDENT(S): PETITIONERS IN THE MC ------------------------------------ 1. LIJAMOL.P.J., AGED 29 YEARS, D/O.JAMALUDHEEN, C/O.LINZARD, VAZHACHALIL HOUSE, OPP.KIZHAKKAMBALAM GRAMA PANCHAYATH, KIZHAKKAMBALAM P.O., KOCHI-683 562, ERNAKULAM DISTRICT. 2. KICHU, S/O.LIJAMOL.P.J., AGED 2 1/2YEARS REP. BY HIS MOTHER LIJAMOL.P.J., DO. DO. 3. BICHU, S/O.LIJAMOL.P.J., AGED 2 1/2YEARS REP. BY HIS MOTHER LIJAMOL.P.J., DO. DO. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- R.P.(FC) No.241 of 2009 -------------------------------------- Dated this the 29th day of June, 2009. ORDER Heard counsel for petitioner. 2. This revision is in challenge of the interim order for payment of maintenance in favour of respondent Nos.2 and 3, children aged two and a half years (twins). Though there was a request for interim maintenance for respondent No.1, that request was not allowed. Considering the age of the twins (respondent Nos.2 and 3) petitioner was directed to pay interim maintenance to them at the rate of Rs.1,500/- per month. It is contended by the learned counsel that petitioner is unable to pay maintenance at that rate. 2. It is not disputed that petitioner is a gulf returnee though that by itself is not sufficient to draw any inference regarding his means. Provision for interim maintenance is to prevent vagrancy and ameliorate distress in the course of trial of the case. Even as per the statement of learned counsel two other cases are also pending between the parties. Children aged two and a half years cannot be left to starve until the case is disposed of by the learned Judge of Family Court. The amount awarded is only at the rate of Rs.50/- per day to each of the children who are aged two and a half years. I am not satisfied that the amount awarded is exorbitant so as to call for interference at this stage. RP(FC) No.241/2009 2 Petitioner can raise all his contentions including his incapacity to pay maintenance in the trial court. There is no reason to interfere with the order under challenge in this revision. Revision fails. It is dismissed. THOMAS P.JOSEPH, Judge. cks