IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 25228 of 2008(S) ---------------------------------- MC.7/2005 of FAMILY COURT, PALAKKAD .................... PETITIONER: ---------------- SUBRAMANIAN, AGED 40 YEARS, SON OF RAMAN, ANJALAN HOUSE, KONGAD POST, CHERAYA, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI. BOBY MATHEW RESPONDENT: ----------------- SHOBANA, AGED 34 YEARS, DAUGHTER OF PARANGODAN, MUNDAKODE VEEDU, POST VALLIKODE, (VIA) MUNDUR, PALAKKAD TALUK, PALAKKAD DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P.(C) No. 25228 OF 2008 ----------------------------------------- Dated this the 20th day of August, 2008. J U D G M E N T Kurian Joseph, J. Petitioner is the respondent in M.C.No.7/2005 on the file of the Family Court, Palakkad. He was paying maintenance at the rate of Rs.300/- to the respondent-wife. It is seen that as per Exhibit P3 order, the same was enhanced to Rs.1,500/- per month. It is an ex parte order. 2. According to the petitioner, he came to know of the order only when coercive steps were taken leading to the arrest warrant. Petitioner submits that he proposes to move the learned Family Court for review since, according to the petitioner, he has no means to pay the maintenance at the above rate as he is unemployed. It is prayed that petitioner may be granted an opportunity to prosecute the matter on merits. W.P.(C) No. 25228/08 2 3. We do not find it necessary to issue notice to the respondent since her appearance before this Court itself would cost her a good amount. Safeguarding the interest of the respondent, we feel that the writ petition can be disposed of as follows: 4. Petitioner will pay an amount of Rs.5,000/- to the respondent within a period of one week from today. Thereafter, the petitioner will pay Rs.5,000/- each every month starting from the month of September 2008, before 15th, until the arrears as per Exhibit P3 is cleared. We make it clear that payment of maintenance as above shall not in any way be taken as an admission on the part of the petitioner of his liability or ability to pay maintenance as per Exhibit P3. The same is only an arrangement made by us for giving an opportunity to the petitioner to avail his proposed remedy of review of Exhibit P3. Subject to the compliance of the above conditions, the execution of the warrant pursuant to Exhibits P3, P4 and P5 shall be deferred. It is also made clear that in the event of the petitioner filing a review within a period of one month from W.P.(C) No. 25228/08 3 today, the same shall be disposed of by the Family Court within another four months. This writ petition is disposed of as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp W.P.(C) No. 25228/08 4 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. No. 879 OF 2006 J U D G M E N T 14.08.2008