Kerala High Court
M. Manoharan vs Saraswathy
Author: Babu Mathew P. Joseph
Bench: Pius C.Kuriakose, Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 10TH DAY OF SEPTEMBER 2012/19TH BHADRA 1934
OP (FC).No. 2913 of 2012 (R)
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OP.691/2011 of FAMILY COURT,KOZHIKODE
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PETITIONER:
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M. MANOHARAN,
S/O.M. VIJAYAN,RAM NIVAS,ULLATTIL MEETHAL HOUSE
CHEVAYUR,KOZHIKODE DISTRICT.
BY ADVS.SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
RESPONDENT:
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SARASWATHY,
D/O.N.KRISHNAMMA,HOUSE NO-6/16 N,LAKSHMIPURAM
IST STREET,NEW AVADY ROAD,VELLIVAKKAM
CHENNAI, PIN-600049.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
10-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 2913 of 2012 (R)
APPENDIX
PETITIONER'S EXTS:-
EXT.P1:- TRUE COPY OF the PETITION, OP.2680/11 FILED BY THE RESPONDENT
BEFORE FAMILY COURT, CHENNAI.
EXT.P2:- TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN OP
NO.2680/11 BEFORE THE FAMILY COURT, CHENNAI.
EXT.P3:- TRUE COPY OF THE PETITION OP.691/11 FILED BY THE PETITIONER
BEFORE FAMILY COURT, KOZHIKODE.
EXT.P4:- TRUE COPY OF THE COUNTER STATEMENT IN OP.691/11 FILED BY THE
RESPONDENT BEFORE THE FAMILY COURT, KOZHIKODE.
EXT.P5:- TRUE COPY OF the AFFIDAVIT IN SUPPORT OF IA NO.649/12 IN OP.691/11
FILED BY THE RESPONDENT BEFORE FAMILY COURT, KOZHIKODE.
EXT.P6:- TRUE COPY OF THE COUNTER STATEMENT IN IA NO.649/12 IN OP.691/11
FILED BY THE PETITIONER BEFORE FAMILY COURT, KOZHIKODE.
EXT.P7:- TRUE COPY OF THE ORDER OF THE FAMILY COURT, KOZHIKODE IN IA
NO.649/12 IN OP NO.691/11 DATED 19/06/12.
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PIUS C. KURIAKOSE &
BABU MATHEW P. JOSEPH, JJ.
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O. P. (FC) No.2913 of 2012
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Dated this the 10th day of September, 2012
JUDGMENT
Pius C. Kuriakose, J Under challenge in this Original Petition filed by the petitioner husband of the respondent is Ext.P7 order passed by the Family Court, Kozhikode. By Ext.P7 the learned Family Court has directed the petitioner to pay ` 6,000/- to the respondent by way of litigation expenses and ` 1,500/- per mensem as interim maintenance pending disposal of O.P.691/11.
2. Sri.K.M.Jamaludheen, the learned counsel for the petitioner drew our attention to Ext.P5 application submitted by the respondent and submitted that the averments in Ext.P5 regarding the amounts necessary towards interim maintenance and litigation expenses are vague. He also O. P. (FC) No.2913 of 2012 -2- drew our attention to Ext.P6 objection filed by the respondent before the Family Court, Kozhikode. He submitted that the respondent has very clearly stated in Ext.P6 that she is capable of maintaining herself, she having income from valuable properties in Chennai.
3. We have considered the submissions of the learned counsel very anxiously. We have carefully read through Ext.P7. The only question which arises for decision by us is whether Ext.P7 is liable to be corrected in this Court's supervisory jurisdiction under Article 227. According to us the above question can be answered only in the negative. We do so and dismiss the OP. At the same time, there will be a direction to the Family Court, Kozhikode to give priority to O.P.691/11, try the same after affording opportunity to both sides to adduce whatever evidence they want to and to take a final decision in O.P.691/11 at the earliest and at any rate O. P. (FC) No.2913 of 2012 -3- within four months of receiving a copy of this judgment.
Sd/-
PIUS C. KURIAKOSE JUDGE Sd/-
BABU MATHEW P. JOSEPH JUDGE kns/-
//TRUE COPY// P.A. TO JUDGE