IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23182 of 2009(R) -------------------------- AGAINST THE ORDER DATED 30/6/2009 IN IA.1343/2009 IN OP.338/2009 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: --------------- V.SASIDHARAN NAIR, S/O.VELAYUDHAN NAIR, DATA ENTRY OPERATOR, GRADE.B, CENTRAL SENSUS DEPARTMENT,POONGULAM, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT: --------------- 1. VEENA S.S., D/O.SASIDHARAN NAIR, TC.18/36(2),RUNIMA, ALAPPURAM ROAD, THIRUMALA P.O.,THIRUVANANTHAPURAM. 2. SUBHAKA LATHA, TC.NO.18/36(2), RESIDING AT ARUNIMAYIL, ALAPPURAM ROAD, THIRUMALA P.O.,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.23182 OF 2009 ----------------------------------------------------- DATED THIS THE 17th DAY OF AUGUST, 2009 J U D G M E N T Basant, J. This Writ Petition is filed by the respondent in O.P.No.338/2009 before the Family Court, Thiruvananthapuram. The claimant in that O.P. is admittedly the daughter of the petitioner herein. The daughter had filed the O.P. claiming maintenance against the petitioner herein. In the O.P., the petitioner was set ex parte. Before any ex parte order was passed, the petitioner has filed an application to set aside the order setting him ex parte. The matter is pending before the Family Court. 2. At this juncture, the daughter filed an application for payment of interim maintenance. In particular she claimed that an amount of Rs.80,000/- which was payable towards her tuition fees may be directed to be paid. That application was opposed. The court below after consideration of all the relevant inputs, directed payment of the fees of Rs.80,000/-. It is that order, which is assailed before us now. 3. The order impugned is not appealable under Section W.P.(C)No.23182/09 -2- 19 of the Family Courts Act and that explains why the petitioner has come before this Court with this petition under Articles 226 and 227 of the Constitution of India. The learned counsel prays that the extraordinary constitutional jurisdiction may be invoked to interfere with the impugned order. 4. The petitioner claims to be aggrieved by the impugned order. What is the grievance? Admittedly, as stated earlier, the relationship is admitted. The claimant is the daughter of the petitioner herein. She is admittedly a student of an Engineering College. Admittedly, fees has to be paid by her. There is no contention raised that the fees of Rs.80,000/- does not deserve to be paid. What then is the contention? The only contention is that the direction to pay an amount of Rs.80,000/- is beyond the means of the petitioner. He is unable to satisfy the same. This is the only contention raised before us. 5. The court below has noted the admission that the petitioner is a Central Government servant, getting Rs.25,000/- per mensem as salary. The court below appears to have relied on this admission. The learned counsel contends that there was no such admission. No petition for review was admittedly filed W.P.(C)No.23182/09 -3- before the court below. What is the employment of the petitioner? Admittedly, he is a Central Government employee. What is his monthly salary? If it is not Rs.25,000/- as allegedly admitted by him before the court below, what is the actual salary? Before the court below, no salary certificate was produced. Before this Court wherein, the petitioner attempts to challenge that order also, the salary certificate has not been produced. In these circumstances, we must say that there is no semblance of data to come to the conclusion that the amount of Rs.80,000/- ordered to be paid under the impugned order is beyond the means of the petitioner. This Writ Petition, in these circumstances, deserves to be dismissed. We do so. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn