Muhammad Sameer vs Arifa. K
2023 Latest Caselaw 5332 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
                                 &
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                   OP (FC) NO. 207 OF 2023
 AGAINST THE ORDER IN I.A.NO.3/2022 IN OP 910/2021 OF FAMILY
                         COURT, OTTAPPALAM
PETITIONER/RESPONDENT:

          MUHAMMAD SAMEER, AGED 38 YEARS
          S/O. ABDULLA, POOVATHUMKUZHI HOUSE,
          EZHUVANTHALA P.O., NELLAYA, OTTAPPALAM,
          PALAKKAD, PIN - 679335

          BY ADVS.
          T.G.RAJENDRAN
          T.R.TARIN


RESPONDENTS/PETITIONERS:

    1     ARIFA. K., AGED 29 YEARS
          D/O. ABDUL KHADER, KAMBAMTHODI VEETTIL,
          MARAYAMANGALAM P.O., NELLAYA VILLAGE,
          OTTAPPALAM, PALAKKAD, PIN - 679335

    2     FATHIMA SHIRIN, AGED 11 YEARS
          MINOR, REPRESENTED BY MOTHER ARIFA K,
          KAMBAMTHODI VEETTIL, MARAYAMANGALAM P.O.,
          NELLAYA VILLAGE, OTTAPPALAM, PALAKKAD, PIN - 679335

    3     FATHIMA SESA, AGED 6 YEARS
          MINOR, REPRESENTED BY MOTHER ARIFA K,
          KAMBAMTHODI VEETTIL, MARAYAMANGALAM P.O.,
          NELLAYA VILLAGE, OTTAPPALAM, PALAKKAD, PIN - 679335

THIS OP (FAMILY   COURT) HAVING COME UP FOR ADMISSION ON
25.04.2023, THE   COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP (FC) NO. 207 OF 2023

                                       2




                    BECHU KURIAN THOMAS &
                  DR.KAUSER EDAPPAGATH, J J.
                  ------------------------------------------
                       O.P.(FC) No.207 of 2023
                  -------------------------------------------
                    Dated this the 25th day of April, 2023

                             JUDGMENT

Kauser Edappagath, J

Ext.P4 order granting interim maintenance to the wife and

children of the petitioner is under challenge in this Original Petition

(Family Court).

2. The petitioner is the husband of the respondent No.1 and

father of the respondent Nos.2 and 3.

3. Heard both sides.

5. The status of the parties is not in dispute. The petitioner

being the husband of the respondent No.1 and father of the respondent

Nos.2 and 3 is legally and morally bound to maintain them. It is

submitted by the learned counsel for the petitioner that the petitioner

was employed at Gulf. The interim maintenance awarded as per the

impugned order is only Rs.5,500/- per month to the wife and

Rs.2,500/- and Rs.2,000/- to the children respectively. Admittedly, the OP (FC) NO. 207 OF 2023

wife does not have any job or source of income. The quantum of

maintenance ordered by the court below appears to be very reasonable.

We find no impropriety or illegality in the said order. We are not

inclined to admit this.

Original Petition (Family Court) is accordingly dismissed.

Sd/-

BECHU KURIAN THOMAS, JUDGE

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS OP (FC) NO. 207 OF 2023

APPENDIX OF OP (FC) 207/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF THE OP NO. 910/2021 OF FAMILY COURT, OTTAPPALAM DATED 23.12.2021

EXHIBIT P2 COPY OF THE PETITION IN IA 3/2022 IN OP 910/2021 OF FAMILY COURT OTTAPPALAM DATED 15.12.2022

EXHIBIT P3 PETITIONER FILED A COUNTER IN IA 3/2022 ON JANUARY 2023

EXHIBIT P4 COPY OF THE INTERIM ORDER IN IA 3/2022 IN OP 910/2021 OF FAMILY COURT OTTAPPALAM DATED 30.3.2023