V.L.David vs V.L.David
2021 Latest Caselaw 2610 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                 &

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                        WA.No.1701 OF 2020

   AGAINST THE JUDGMENT IN WP(C) 30674/2019(H) OF HIGH COURT OF
                              KERALA


APPELLANT/4TH RESPONDENT:

             V.L.DAVID
             AGED 83 YEARS
             VAYANAPPALLI HOUSE, KANNIMEL CHERRY, KILIKOLLOOR,
             KOLLAM - 691 004.

             BY ADV. SMT.JOHN NELLIMALA SARAI

RESPONDENTS/WRIT PETITIONER AND RESPONENTS 1,2,3,5,6:

      1      USHA JOHN
             W/O K.M. JOHN,KANDATHIL PARAMBIL,
             KANNIMEL NAGAR - 9, RAMANKULANGARA,
             KOLLAM - 691 003, KERALA.

      2      THE MAINTENANCE APPELLATE TRIBUNAL,
             CIVIL STATION, KOLLAM - 691 013, KERALA.

      3      THE MAINTENANCE TRIBUNAL FOR THE,
             WELFARE OF PARENTS AND SENIOR CITIZENS (SUB
             DIVISIONAL MAGISTRATE)
             CIVIL STATION, KOLLAM - 691 013,KERALA.

      4      THE SUB INSPECTOR OF POLICE,
             KILIKOLLOOR POLICE STATION,
             KOLLAM DISTRICT - 691 004.

      5      ASHA DAVID,
             VAYANAPPALLI HOUSE, KANNIMEL CHERRY, KILIKOLLOOR,
             KOLLAM - 691 004,KERALA.

      6      LATHA DAVID,
             VAYANAPPALLI HOUSE, KANNIMEL CHERRY, KILIKOLLOOR,
             KOLLAM - 691 004, KERALA.
 WA.No.1701 OF 2020              2

              SRI.PRATHEESH P FOR R1,
              SRI.TEK CHAND, SENIOR GOVERNMENT PLEADER FOR R4.
     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA.No.1701 OF 2020                         3




                                  JUDGMENT

S.MANIKUMAR,CJ

Being aggrieved by the judgment in W.P.(C) No.30674 of 2019 dated

3.2.2020, by which the maintenance amount of Rs.2,500/- ordered by the

Maintenance Tribunal, has been reduced to Rs.1,500/-, at the instance of the

1st respondent, one of the daughters of an octogenarian, instant writ

appeal is filed.

2. Though several grounds have been raised for reversal of the

impugned judgment, considering the age and plight of the appellant, parties

have voluntarily consented, to give a quietus to the issues raised and be

satisfied with an enhancement of the maintenance amount from Rs.1,500/- to

Rs.2,000/- per month.

3. Learned counsel for appellant also submitted that in as much as the

maintenance amount is increased from Rs.1,500/- to Rs.2,000/- per month,

the arrears be calculated and paid from the date of filing of the writ petition

i.e., 12th November, 2019, which is acknowledged by the learned counsel for

the respondents.

4. Placing on record the above, arrears of maintenance from the date of

filing of the writ petition i.e., 12 th November, 2019 to till date (differential

amount of Rs.500/- per month) be calculated and paid by the 1 st respondent,

within three months from the date of receipt of a copy of this judgment. The

1st respondent is also directed to pay a sum of Rs.2,000/- per month as

maintenance amount, thereafter. In all other respects, the order passed by the

Maintenance Tribunal dated 12.11.2018 (Exhibit-P1), and the impugned

judgment, as regards property will remain in tact.

Instant writ appeal is disposed of with the above directions.

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

                                                  SHAJI P.CHALY
smv                                                   JUDGE



                          APPENDIX
PETITIONER'S ANNEXURES:

ANNEXURE A1          A TRUE COPY OF THE APPELLANTS RATION CARD
                     DATED 28.05.2010 ALONG WITH ENGLISH
                     TRANSLATION.

ANNEXURE A2          A TRUE COPY OF THE SETTLEMENT DEED EXECUTED
                     IN FAVOUR OF THE WRIT PETITIONER ON

04.06.2003 ALONG WITH ENGLISH TRANSLATION.

ANNEXURE A3 A TRUE COPY OF THE APPLICATION FILED AT THE MAINTENANCE TRIBUNAL DATED 24.05.2018 ALONG WITH ITS ENGLISH TRANSLATION.

ANNEXURE A4 A TRUE COPY OF THE COMPLAINT DATED 04.02.2019 FILED BY THE APPELLANT BEFORE THE 4TH RESPONDENT AS PER THE DIRECTIONS IN EXHIBIT P1 ALONG WITH ENGLISH TRANSLATION.

ANNEXURE A5 A TRUE COPY OF THE APPEAL FIELD BY THE APPELLANT BEFORE THE 2ND RESPONDENT ON 20.02.2019 ALONG WITH ITS ENGLISH TRANSLATION.