Nimmy Alphonse vs Joythomas
2023 Latest Caselaw 8670 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                               &
           THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
   WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                    OP (FC) NO. 200 OF 2023
 AGAINST THE ORDER/JUDGMENT OP 483/2017 OF FAMILY COURT,KOLLAM
PETITIONER/PETITIONER/RESPONDENT

          NIMMY ALPHONSE
          AGED 43 YEARS
          W/O JOY THOMAS, R/AT THANKAVILASAM, MATHILIL P.O.,
          THRIKKADAVORR VILLAGE, KOLLAM, PIN - 691581
          BY ADVS.
          T.S.MAYA (THIYADIL)
          K.A.SUNITHA

RESPONDENT/RESPONDENT/PETITIONER

          JOYTHOMAS
          AGED 46 YEARS
          S/O MANUAL THOMAS @ THOMAS MANUAL R./AT
          KOTTUMVATHUKKAL JERRY LAND, SAKTHIKULANGARA, KOLLAM,
          PIN - 691581
     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(FC) No. 200 of 2023
                                 2



                          JUDGMENT

Dated this the 9th day of August, 2023

A.Muhamed Mustaque, J

Though notice has been served on the respondent, none

appears.

This Original Petition was filed as the petitioner wife was

not satisfied with the quantum of amount awarded towards

pendente lite alimony and litigation expenses. She claimed

Rs.25,000/- towards alimony and Rs.5 lakhs towards litigation

expenses. The Family Court awarded a sum of Rs.10,000/-

towards maintenance and Rs.5000/- towards litigation expenses.

3. The petitioner submits that in the wedlock with the

respondent two children are born and these amounts are not

sufficient. The children are also suffering from some ailments.

4. According to the petitioner, the respondent husband is a

wealthy businessman and he is having a property of more than

12 crores. Those properties have been referred in the Schedule

(Ext.P4).

Having adverted to the quantum of the amount, we are

sure that the amount awarded is very meagre and less, OP(FC) No. 200 of 2023

considering the status of the party.

Hence, we are of the view that maintenance amount shall

be enhanced to Rs.20,000/- and also the litigation expenses

shall be raised to Rs.25,000/-. Ordered accordingly.

The Original Petition is disposed of as above

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

SOPHY THOMAS

JUDGE smm OP(FC) No. 200 of 2023

APPENDIX OF OP (FC) 200/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF IA 35/2019 IN OP 483/2017 FILED BY THE PETITIONER , BEFORE THE FAMILY COURT KOLLAM Exhibit P-2 TRUE COP OF THE OBJECTION FILED BY THE RESPONDENT IN EXT P-1 PETITION. Exhibit P-3 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT KOLLAM DATED 15-11-2022 Exhibit P-4 TRUE COPY OF OP 1721/2018 FILED BY THE PETITIONER PENDING BEFORE THE FAMILY COURT KOLLAM