IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Mat.Appeal.No. 808 of 2009(D) ---------------------------- OP.274/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER : APPELLANT/RESPONDENT ----------------------------------- FAKRUDEEN,ALIAS VANIYAPEEDIYAKKAL PAKRUDHEEN,40 YEARS,S/O.MOHAMMED ALI MASTER, VANIYAPEEDIYAKKAL(H),MANGALAM AMSOM & DESOM, MANGALAM P.O.,TIRUR TALUK,REP. BY P/A.HOLDER V.MOHAMMED ALI,70 YRS,R/AT. DO. HOUSE,DO.AMSOM & DESOM,DO. P.O.,DO. TALUK,MALAPPURAM-676 561. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS : PETITIONERS -------------------------- 1. UMMUHABEEBA, D/O.ABOOBACKER, AGED 23 YEARS, THAIKKADAN HOUSE, CHENAKKAL AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 2. FURHAN, AGED 4 YEARS, MINOR, REP. BY GUARDIAN AND MOTHER UMMUHABEEBA, D/O.ABOOBACKER, AGED 23 YEARS, THAIKKADAN HOUSE, CHENAKKAL AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 3. FARHAN, AGED 2 YEARS, MINOR, REP. BY GUARDIAN AND MOTHER UMMUHABEEBA, D/O.ABOOBACKER, AGED 23 YEARS, THAIKKADAN HOUSE, CHENAKKAL AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ Mat.Appeal No.808 of 2009 ------------------------------------- Dated this the 27th day of October, 2009 JUDGMENT BASANT, J. The matter has come up for admission hearing. The claim for past maintenance was allowed by the impugned order. The claimants/wife and two minor children, aged 4 and 2 years, were awarded maintenance @ Rs.2,500/-, Rs.600/- and Rs.400/- respectively for a period of 28 months. 2. Marriage and paternity are admitted. That the husband has contracted a further marriage during the currency of the marriage with the 1st claimant is also admitted. By the impugned order, past and future maintenance were awarded. The direction for payment of future maintenance under Section 125 Cr.P.C was considered by another Bench of this Court and the same was dismissed by order dated 03.07.09 in R.P.F.C.No.233 of 2009. Maintenance is seen awarded at a very modest rate considering the income of the appellant. We find absolutely no merit in the contention that the separate residence Mat.Appeal No.808 of 2009 2 of the wife is not justified. Thus we find that both the liability and the quantum cannot be disputed or assailed. 3. This Matrimonial Appeal is, in these circumstances, dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- Mat.Appeal No.808 of 2009 3 Mat.Appeal No.808 of 2009 4 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ C.M.Appl.No.3017 of 2009 in Mat.Appeal No.808 of 2009 ------------------------------------- Dated this the 27th day of October, 2009 ORDER BASANT, J. This petition is to condone the delay of 71 days in filing a matrimonial appeal which in turn challenges an order granting past maintenance. We have heard the learned counsel for the petitioner on merits for admission of the appeal. We are proceeding to dispose of the appeal straight away. We are, in these circumstances, satisfied that a lenient view can be taken and the delay can be condoned. 2. Petition allowed. Delay condoned. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-