IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 24595 of 2005(C) -------------------------- MC.42/2005 of FAMILY COURT, THIRUVALLA .................... PETITIONER: ------------ SADANANDHAN.N.R., NIRAVEL VEEDU, ATTACHAKAL EAST, PATHANAMTHITTA. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENTS: ------------- 1. SAVITHRY.T, KUNNATHU VEEDU, ANNASHARIKKAL, MALAYAMPUZHA ERAM.P.O., PATHANAMTHITTA. 2. SAJEEV.N., KUNNATHU VEEDU, ANNASHARIKKAL, MALAYAMPUZHA ERAM.P.O., PATHANAMTHITTA. 3. SHYNU.N., KUNNATHU VEEDU, ANNASHARIKKAL, MALAYAMPUZHA ERAM.P.O., PATHANAMTHITTA. BY // THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER,S EXHIBITS Ext.P1: A true copy of the petition in MC 42/05 on the files of the Family Court, Thiruvalla. Ext.P2: A true copy of the objection filed by the petitioner in MC 42/05 Ext.P3: A true copy of the order in MC 42/05 on the files of the Family Court dated 30.4.2005. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 24595 OF 2005 ---------------------------------------------------------------- Dated this the 15th day of July, 2008 JUDGMENT Harun-Ul-Rashid, J. This Writ Petition is filed by the respondent in M.C. No.42 of 2005 on the file of the Family Court, Thiruvalla challenging Ext.P3 order and seeking to set aside the same. By the impugned order, the Family Court directed the petitioner herein who is the husband of the first respondent and father of respondents 2 and 3 to pay an amount of Rs.1,000/- as interim maintenance. It is submitted by the petitioner that he is a casual labourer in a plantation, that the first respondent/wife was employed till recently and that respondents 2 and 3 have regular income from their work. According to him, he is unable to pay the amount ordered and that the Family Court passed Ext.P3 order without considering the objections raised by him and his income as a casual labourer. 2. The Maintenance Case is of the year 2005. The contention of the petitioner that his objection was not considered by the Family Court is true. Since the Maintenance Case is of the year 2005, we direct the W.P.(C)NO.24595/2005 2 petitioner herein to pay a sum of Rs.500/-per month to the respondents as an interim arrangement till the disposal of M.C. No.42 of 2005. The petitioner is at liberty to move the court below under Section 127 Cr.P.C. in the event of circumstances warranting such a situation. The Writ Petition is disposed of as above. There will be no order as to costs. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.24595/2005 3 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO. 24595/2005 JUDGMENT 15th July, 2008 W.P.(C)NO.24595/2005 4