K.Vinesh vs Shilpa G. Nair
2022 Latest Caselaw 2693 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                &
          THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
  FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                  MAT.APPEAL NO. 93 OF 2022
  AGAINST THE ORDER IN EA 2/2021 IN OP 713/2019 OF FAMILY
                      COURT, NEDUMANGAD
APPELLANT/S:

          K.VINESH, AGED 38 YEARS,
          S/O.KRISHNA PILLAI, RESIDING AT SREELAKAM,
          OOMANPALLIKARA, KILIMANOOR P.O.,
          THIRUVANANTHAPURAM.
          BY ADV DEEPA RAJESH


RESPONDENT/S:

    1     SHILPA G. NAIR, AGED 26 YEARS,
          W/O.K.VINESH, RESIDING AT GOKULAM,
          HOUSE NO.85A, SOORYA NAGAR, NETTAYAM P.O.,
          THIRUVANANTHAPURAM.
    2     DEVAYANI V.S., AGED 4 YEARS,
          D/O.SHILPA G.NAIR, GOKULAM, HOUSE NO.85A,
          SOORYA NAGAR, NETTAYAM P.O.,
          THIRUVANANTHAPURAM.
          BY ADVS.
          S.CHANDRASEKHARAN NAIR
          RAJU GEORGE (KARUVATTA)
          S.GOKUL BABU
          AMALA.J.RAJ
          JEREES J.
          S.JAYANT


THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Mat.Appeal No.93/2022           2




                            JUDGMENT

A.Muhamed Mustaque, J.

The appellant has approached this Court challenging an

order of attachment passed by the execution court to execute the

order of interim maintenance. The appellant has been directed to

pay Rs.4,000/- to the respondents. The respondents are his wife

and daughter. The appellant committed default in effecting

payment of interim maintenance. The total amount due from the

appellant is Rs.1,08,000/- as on 16.12.2020. The appellant is

working as a lift operator at Government Medical College. His

net salary as seen from Ext.A1 salary slip produced before the

execution court is Rs.26,000/-. He approached this Court in this

appeal contending that an amount of Rs.8,000/- has been

ordered to be attached from his salary and he cannot survive

with the remaining amount. It is submitted that he has to pay the

rent and meet the expenses of his mother.

2. We heard the learned counsel for the appellant and

the respondents.

After adverting to the rival contentions, we are of the view

that the amount ordered to be attached can be reduced to

Rs.6,000/- and this attachment can continue till the arrears

payable by him are exhausted. Accordingly, we reduce the

amount to Rs.6,000/- instead of Rs.8,000/-. No other interference

is warranted.

The Mat.Appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SOPHY THOMAS JUDGE ln