IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 OP (FC).No. 254 of 2010(R) -------------------------- OP.140/2008 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: -------------------- SURESH R.PILLAI,S/O.K.K.RADHAKRISHNA PILLAI,RESIDING AT 701-1,MATHOSHREE,CHHAYA, FRIENDS COLONY,BHANDUP(E)MUMBAI. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. SREEKALA S.PILLAI "KARTHIKA",TC.7/1250(2)VATTIYOORKAVU, MARUTHAMKUZHI PO,THIRUVANANTHAPURAM. 695 013. 2. SREYA S.PILLAI,D/O.SREEKALA S.PILLAI, "KARTHIKA",TC.7/1250(2)VATTIYOORKAVU, MARUTHAMKUZHI PO,THIRUVANANTHAPURAM. 695 013. (2ND RESPONDENT IS MINOR AGED 4 YEARS AND REPRESENTED BY HER MOTHER WHO IS THE 1ST RESPONDENT) ADV. SRI.G.SUDHEER FOR R1 & R2 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 254 of 2010 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2011 JUDGMENT Joseph, J. The petitioner challenges Ext.P6, which is an order passed by the Family Court, Trivandrum in I.A.No.1911 of 2009 in O.P.No.140 of 2008 granting interim maintenance to the second respondent, who is the daughter of the petitioner. The first respondent is the wife of the petitioner. 2. There is no dispute about the essential facts, viz. that the first respondent has filed an application seeking return of gold ornaments and an amount of Rs.8 lakhs, to which the petitioner has filed objections. The first respondent sought maintenance at the rate of Rs.15,000/- per month for and on behalf of the second respondent, to which also the petitioner filed objections. The petitioner submits that he is getting a monthly O.P.(FC).No. 254 of 2010 2 salary of Rs.15,000/-. The first respondent is working as a Junior Hindi Translator in D.G. Shipping, Mumbai and is getting a monthly salary of Rs.20000/- The Family Court has directed payment of interim maintenance at the rate of Rs.10,000/- per month. It is stated that the main prayer in Ext.P2 petition itself is for maintenance at the rate of Rs.6,000/- per month to the second respondent. 3. We heard learned counsel for the parties. 4. According to the learned counsel for the respondents an amendment application has been filed. The second respondent is a child of five years. 5. In the circumstances of the case, we think it more appropriate that the interim maintenance in favour of the second respondent is sustained at the rate of Rs.6,000/- pending consideration of the main petition. Accordingly we modify Ext.P6 and direct that the petitioner will pay maintenance at the rate of Rs.6,000/- in favour of the second respondent from the date of application, i.e., from 7.9.2009. We also direct that the Family Court will take up O.P. No. 140 of 2008 O.P.(FC).No. 254 of 2010 3 and dispose of the same at the earliest. The petitioner need only deposit the amount at the rate of Rs.6,000/- in favour of the second respondent after adjusting the amount already deposited, within a period of three weeks from the date of production of a copy of this judgment. We direct that the petitioner must deposit the arrears as on today within a period of two weeks from today, failing which the Original Petition will stand dismissed. 6. This Original Petition is disposed of as above. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm