Soniya Latheefa vs Dr. Mansoor Mohammed Kassim
2025 Latest Caselaw 7235 Ker

Kerala High Court

Soniya Latheefa vs Dr. Mansoor Mohammed Kassim on 26 June, 2025

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                                  2025:KER:46431
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                    &

             THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

  THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947

                        OP (FC) NO. 185 OF 2025

           AGAINST THE ORDER DATED 19.02.2025 IN I.A.NO.4 OF

2023         IN    OP     NO.2556       OF   2023   OF      FAMILY

COURT,THIRUVANANTHAPURAM

PETITIONERS/PETITIONERS/PETITIONER:

       1      SONIYA LATHEEFA
              AGED 39 YEARS
              D/O SAIFUDHEEN, RESIDENT OF 8, T.C. 20/11 90(1),
              MELARANGOR, KUNNATHU LANE, KARAMANA.P.O.,
              THIRUVANANTHAPURAM, PIN - 695002

       2      DIYA
              AGED 14 YEARS
              MINOR, D/O SONIYA LATHEEF, RESIDING AT RESIDENT
              OF 8, T.C. 20/11 90(1), MELARANOOR,
              KUNNATHU LANE, KARAMANA.P.O., THIRUVANANTHAPURAM,
              REPRESENTED BY HER MOTHER, 1ST PETITIONER,
              PIN - 695002

       3      SAMAR
              AGED 12 YEARS
              MINOR, D/O SONIYA LATHEEF, RESIDING AT RESIDENT
              OF 8, T.C. 20/11 90(1),
              MELARANOOR, KUNNATHU LANE, KARAMANA.P.O.,
              THIRUVANANTHAPURAM, REPRESENTED BY HER MOTHER,
              1ST PETITIONER,, PIN - 695002
 OP(FC).No.185 of 2025
                                     2

                                                        2025:KER:46431
            BY ADVS.
            SMT.MAJIDA.S
            SRI.AJIKHAN.M
            SMT.FIZA HUSSAIN




RESPONDENT/COUNTER PETITIONER/RESPONDENT:

            DR. MANSOOR MOHAMMED KASSIM
            AGED 48 YEARS
            S/O MOHAMMAD KASSIM, THOPPIL VEEDU,
            COLLEGE JUNCTION, VALLICODE, NEDUMANGADU,
            THIRUVANANTHAPURAM, PIN - 695541


            BY ADV SRI.S.S.ARAVIND


OTHER PRESENT:

            SRI ARUN CHANDRAN


      THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON
26.06.2025,     THE     COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(FC).No.185 of 2025
                                        3

                                                               2025:KER:46431
                                JUDGMENT

Devan Ramachandran, J.

The petitioners challenge Ext.P7 order of the

learned Family Court, Thiruvananthapuram, to the extent to

which it has ordered maintenance to the children at the rate

of Rs.20,000/- and Rs.25,000/- per month only.

2. We are aware that the respondent had

challenged this order before us earlier in

OP(FC).No.183/2025, asserting that he is liable to pay only

Rs.40,000/- in total to the children; but that we dismissed it

through our judgment dated 01.04.2025.

3. The 1st petitioner, who is the mother of the

children, however, has a different story to say, namely that

the education of the children, as also their upbringing,

requires at least Rs.1.5 lakh totally every month.

4. Smt.Majida.S. - learned Counsel for the

petitioners, has filed a statement showing the breakup of

the expenses of the children; and we notice that

Rs.3,57,000/- is their school fees, while amounts ranging

2025:KER:46431 from Rs.25,000/- to 50,000/- are shown as being the

monthly "private tuition" fees for them.

5. Since Sri. Arun Chandran, appearing for the

respondent, opposed the afore statement saying that the

amounts claimed for "home tuition" is rather large and

incredulous, we, through the order dated 18.06.2025,

permitted his client to make enquiries and revert to us.

Sri.Arun Chandran, thereafter, submitted that his client has

attempted to talk to the persons who are stated to be

providing "home tuition" to the children; but that they

either refusing to speak, or that the figures given by them

is much lower than the ones stated by the petitioners. He,

however, added that his client is willing to continue to pay

Rs.60,000/- to the children, in terms of the interim order of

this Court in this case dated 11.04.2025; and that he will

also honor the entire school fee of Rs.3,57,000/- per

annum.

6. Though Smt.Majida.S., appearing for the

petitioners, vehemently opposed the afore suggestion,

2025:KER:46431 asserting that the monthly "tuition fee" for the children

should also be honoured by the father, since the children

cannot continue with their studies without it, we informed

her that this is a factual issue that requires to be assessed

and evaluated through evidence. Since the original Petition

is still pending before the learned Family Court, it is

indubitable that this Court cannot enter into any such

evaluation at this stage.

7. Sensing our mind as afore, the learned Counsel

on both sides today submitted that, as an interim measure,

pending disposal of the petition by the learned Family

Court, the respondent - father can be directed to pay

Rs.60,000/- per month to both the children as had been

ordered by us earlier, on condition that he will also honor

their annual tuition fee for the school fully.

8. Smt.Majida.S, at this time, pointed out that her

client has already paid Rs.1,28,000/- out of the annual

school fees for the children, while the balance is yet to be

paid.

2025:KER:46431

9. Sri.Arun Chandran, appearing for the

respondent, submitted that his client will pay Rs.1,28,000/-

to the 1st petitioner - wife; and the balance sum directly to

the school forthwith, so that the children's education will

not be prejudiced. He reiterated that, in addition, his client

will continue to pay Rs.60,000/- as ordered by this Court.

10. We are without doubt that the arrangement

above would be the most apposite until the Original Petition

before the learned Family Court is finally disposed of. The

question whether larger amounts are eligible to the

children, or whether they are deserving to amounts towards

"home tuition" and such other are issues that the learned

Family Court alone can consider, after permitting the

parties to adduce evidence, which is a part of the

procedural processes before it.

11. In the above circumstances, we allow this

Original Petition in part; recording the submissions of

Sri.Arun Chandran made on behalf of the respondent -

father, that he will continue to pay Rs.60,000/- per month

2025:KER:46431 to the children and that he will transfer an amount of

Rs.1,28,000/- to the 1st petitioner - mother within a period

of two weeks from now, which comprises the amount that

she has spent for their schooling this year. We further

record his submission that the balance of the school fee,

out of Rs.3,57,000/-, will be paid by the respondent -

father directly to the school within a period of one month

from now; and that the receipt for the same shall be filed

before the learned Family Court. This Original Petition thus

stand ordered with Ext.P7 order being so modified.

12. Since we are disposing of this petition based on

the afore consent and undertakings, we request the learned

Family Court to endeavor to finally dispose of the Original

Petition before it without any avoidable delay.

13. After we dictated this part of the judgment

Sri.Arun Chandran - learned Counsel for the respondent,

requested that his client be allowed to talk to the children

every day at their convenience.

                   4/2023   IN    OP   NO.   2556/2023    DATED
                   19/2/2025    BEFORE    THE    FAMILY   COURT
                   THIRUVANANTHAPURAM
RESPONDENT'S EXHIBITS

Exhibit R1(a)      True copy of the statutory declaration
                   dated 27/05/2017
Exhibit R1(b)      True copy of the statutory declaration
                   dated 10/08/2018
Exhibit-R1(a)      True copy of the Salary Certificate
                   dated 28-11-2024
PETITIONERS EXHIBITS

Exhibit P8              A TRUE COPY OF THE SCHOOL FIRST TERM



                                                 2025:KER:46431
                        FEE RECEIPT OF 2ND    PETITIONER DATED
                        05/03/2025
Exhibit P9              A TRUE COPY OF THE SCHOOL FIRST TERM