Sidheek vs Afeera
2024 Latest Caselaw 9753 Ker

Kerala High Court

Sidheek vs Afeera on 4 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                       RPFC NO. 471 OF 2023
 AGAINST THE ORDER/JUDGMENT DATED 23.06.2023 IN CMP 2/2022 IN MC
              NO.258 OF 2017 OF FAMILY COURT, TIRUR
REVISION PETITIONER/PETITIONERS/RESPONDENTS:

    1     SIDHEEK, AGED 40 YEARS,
          S/O MALIYEKKAL KUNJIMON,PARATT HOUSE,
          PUNNAYOORKULAM DESAM, PUNNAYOORKULAM P.O, CHAVAKKAD
          TALUK, THRISSUR DISTRICT, PIN - 679561
    2     NAFEESA, AGED 58 YEARS,
          W/O MALIYEKKAL KUNJIMON, PARATT HOUSE, PUNNAYOORKULAM
          DESAM, PUNNAYOORKULAM P.O, CHAVAKKAD TALUK,
          THRISSUR DISTRICT, PIN - 679561
          BY ADVS.
          T.A.SHAIN
          RADHAKRISHNA PILLAI.G.


RESPONDENTS/RESPONDENTS/PETITIONERS:

    1     AFEERA, AGED 28 YEARS,
          D/O HAMSA, MANGARAYIL HOUSE, MARANCHERI P.O, PONNANI
          TALUK, MALAPPURAM DIST, PIN - 679581
    2     NIYA NASRIN, AGED 9 YEARS,
          (MINOR) REP BY AFEERA (MOTHER ) MANGARAYIL HOUSE,
          MARANCHERI P.O, PONNANI TALUK, MALAPPURAM, PIN - 679581
          BY ADVS.
          MANUMON A.
          REBIN VINCENT GRALAN
          DINESH G WARRIER
          SURESH C.
          SANTHOSH.T.P


     THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 RPFC NO. 471 OF 2023

                                     2


                                   ORDER

A maintenance application preferred by the wife for

getting maintenance to her and her child was allowed by

the Family Court ordering maintenance @ Rs.8,000/- to the

wife and @ Rs.7,000/- to the child, wherein the husband

opted to remain ex parte without contesting the

application. Thereafter an application was filed to set

aside the ex parte order with an application to condone

the long delay of 1361 days, which were dismissed by the

trial court, against which this revision was filed in the

year 2023 and thereby dragged the matter for a long

period of five years. The present case is illustrative

of delaying tactics played by the husband and thereby

defeated the entitlement of maintenance for a long period

of more than five years. The amount ordered by the Family

Court is the bare minimum required to lead a decent life,

hence deserves no interference.

The R.P.(C) fails and is dismissed.

Sd/-

P.SOMARAJAN JUDGE msp