IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 2798 of 2010(R) ------------------------------------ OP.826/2009 of FAMILY COURT, NEDUMANGAD .................... PETITIONER(S): ---------------------- SASIDHARAN NAIR, AGED 61 YEARS, S/O.KRISHNA PILLAI, PADINJATTE VEEDU, NAVIKKULAM, CHIRAYINKEEZHU TALUK, NOW WORKING WITH CIVIL OFFICERS DEPARTAMENT OF GHQ ARMED FORCE, ABUDABI, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND BROTHER K.RAMACHANDRAN NAIR, SURYAMANGALAM, POOTHAKULAM, KOLLAM DISTRICT. BY ADV. SRI.G.S.REGHUNATH SRI.A.S.SHAMMY RAJ RESPONDENT(S): ------------------------- SIJI S.NAIR, AGED 24 YEARS, K.S.P.VIHAR, NAVAIKULAM, CHIRAYINKEEZHU TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.2798 of 2010-R ---------------------------------------------- Dated, this the 28th day of January, 2010 J U D G M E N T K.M.Joseph, J. Petitioner challenges Ext.P6. Petitioner is the respondent in I.A.No.2718/2009 in O.P.No.826/2009. I.A.No.2718/2009 is an application filed for interim maintenance by the daughter of the petitioner. The Family Court, Nedumangad has ordered interim maintenance at the rate of Rs.3,000/- per month. The Family Court found that the daughter of the petitioner is only 23 years and a Post- graduate seeking job opportunities and that the petitioner is working abroad and his monthly income comes to Rs.70,000/-. Considering the status of the parties and reasonable wants of the daughter, the Family Court directed interim maintenance at the rate of Rs.3,000/- per month. 2. We heard the learned counsel for the petitioner Sri.G.S.Raghunath. Learned counsel for the petitioner would point out that there is no basis for the finding of the Family Court and that the petitioner is not given opportunities as he was outside India. 3. The issue at hand is payment of interim WPC 2798/2010 -2- maintenance to the daughter by the father. Admittedly, the petitioner is working abroad and the amount involved is Rs.3,000/-. No doubt, there is no material as such produced. But, we also notice that admittedly counter affidavit has been filed on behalf of the petitioner by the Advocate. In the nature of the relief granted by the Court we are not inclined to interfere with the matter in exercise of the jurisdiction under Article 227 of the Constitution of India. However, we make it clear that it is open to the petitioner to raise all his contentions including the contentions about his income, absence of liability to pay maintenance as it is stated that she is already employed, when the matter is taken up for final hearing. Also while dismissing the writ petition, we direct the Family Court, Nedumangad to take up the main case and dispose of it at the earliest. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS