IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 4679 of 2008(S) ------------------------- AGAINST THE ORDER DATED 22-11-2007 IN CMP 30/2007 IN MC.121/2005 of FAMILY COURT, NEDUMANGAD .................... PETITIONER: ------------ T.K.RAJASEKHARAN, S/O.KRISHNAN, AGED 52 YEARS, THUNDUVILAKATHU VEEDU, MANKATTUKADAVU, THIRUMALA P.O., THIRUVANANTHAPURAM BY ADV. SRI.A.C.CHACKO RESPONDENTS: ------------- 1. RAMANI DEVI, D/O.LATE AMMUKKUTTY AMMA, CHEMPUPARAMBU VEEDU, VALIYAMURI DESOM, VELLANADU VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM 2. LAKSHMI D/O.T.K.RAJASEKHARAN, MINOR RESIDING AT CHEMPUPARAMBU VEEDU, VALIYAMURI DESOM, VELLANADU VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM 3. GOVERNMENT OF INDIA, REPRESENTED BY THE CABINET SECRETARY, CENTRAL SECRETARIATE, NEW DELHI 4. THE DIVISIONAL MANAGER, SOUTHERN RAILWAYS, THIRUVANANTHAPURAM BY ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.4679 of 2008 ----------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Kurian Joseph,J. Petitioner is aggrieved by Ext.P4 order passed by the Family Court, Nedumangad in C.M.P.No.30/2007. As per the said order he is asked to pay the arrears of maintenance to the tune of Rs.5,700/-. There is also a direction to recover the same from the salary of the petitioner at the rate of Rs.1500/- per month. It is submitted that since he has to maintain two school going children also recovery at that rate would cause severe hardship. Hence it is submitted that atleast he may be permitted to pay at the rate of Rs.1,000/- per month and clear the arrears in that way. Petitioner may immediately move the Family Court, Nedumangad itself in which case the request of the petitioner will be considered and appropriate orders in the light of the request as above permitting the petitioner to pay at the rate of Rs.1,000/- per month will be passed. The writ petition is disposed of as above. Petitioner will immediately produce a copy of this judgment along with a copy of the writ petition before the Family Court, Nedumangad and also serve a copy each on respondents 1 and 2. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.4679 of 2008 ---------------------------- JUDGMENT 8th February, 2008