IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 RPFC.No. 147 of 2007() ---------------------- MC.80/2006 of Family Court, ERNAKULAM .................... : REVN.PETITIONER/1ST RESPONDENT IN MC ------------------------------------------------------ M.P.JACOB, AGED 66 YEARS, S/O. LATE M.J.PUNNOOS, MANGALAM VEEDU, CHITTOOR ROAD, KOCHI. BY ADV. SRI.FEBIN J.VELUKARAN RESPONDENTS: PETITIONER IN MC ------------------------------ 1. AMMINI PUNNOOS, AGED 86 YEARS, W/O. LATE M.J.PUNNOOS, ASHRAM ROAD, KALADY, ALUVA TALUK. 2. M.P.PUNNOOS, AGED 60 YEARS, S/O. LATE M.J.PUNNOOS, MANGALAM ESTATE, VANDANMEDU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 3. M.P.CHERIAN, AGED 49 YEARS, S/O. LATE M.J.PUNNOOS, KODANADU, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 4. PRASAD PUNNOOS, S/O. M.J.PUNNOOS, MANGALAM VEEDU, ASHRAM ROAD, KALADY. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 07/07/2008, ALONG WITH RPFC NO. 208 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.Nos.147 & 208 of 2007 ---------------------------------------- Dated this the 7th day of July 2008 O R D E R The petitioners are respondents 1 and 3 in a claim for maintenance filed by the first respondent, their mother. Altogether there were four sons for the claimant/mother. She had claimed maintenance from all her male children. 2. The learned Judge of the Family Court by the impugned order directed each of the sons to pay an amount of Rs.2,500/- per mensum with effect from 14/3/2006, the date of the claim. The learned Judge of the Family Court in the peculiar facts and circumstances of this case also insisted that the amount must be paid without default to the claimant/mother, a woman practically disabled and aged about 88 years. Maintenance was directed to be paid from the date of the petition. It was directed that all the arrears must be cleared by 01/02/2007 and all future instalments must be paid by the third of every month. 3. Though various contentions were raised in the course of arguments before me by the respondents, at the end of the day, the only request made is that the petitioners may be directed to make the payment by 31/8/2008 of all the arrears and all future payments as directed on the third of every month. R.P.F.C.Nos.147 & 208 of 2007 2 Default clause which stipulated that if there be failure to make the payment within the stipulated period, the sons must pay one third of the amount quantified in excess to compensate the old claimant/mother for the delay in payment. 4. Having considered all the relevant circumstances, I am satisfied that the limited prayer can be allowed. The petitioners are given time till 31/8/2008 to pay the entire amount of Rs.72,500/- each in arrears from 14/3/2006 to 14/8/2008 (29 x 2,500). Each of the petitioners shall pay such amount by 31/8/2008 and the next instalment due on 14/9/2008 shall be paid by 03/10/2008. The impugned order is upheld with the above stipulation. No other contentions are raised. To ensure expeditious release, it is agreed that the amount shall be paid every month by demand draft including the arrears stipulated. 5. Needless to say, credit shall be given to all amounts, if any, paid during the pendency of the proceedings. Coercive processes to recover the amount shall not be initiated against the petitioners till 31/8/2008. If the amount is not paid to the claimant by 31/8/2008, the default clause shall continue to operate. (R.BASANT, JUDGE) jsr R.P.F.C.Nos.147 & 208 of 2007 3 R.P.F.C.Nos.147 & 208 of 2007 4 R.BASANT, J R.P.F.C.No. ORDER 11/02/2008