High CourtsDivision Bench(2021) 07 KL CK 0298

Sanil K.Sadasivan vs Anuja S.Sasi

High Court Of Kerala · Decided on 23 July 2021

HON’BLE JUDGES
A.Muhamed Mustaque, J · Dr. Kauser Edappagath, J
RESULT
Disposed Of
CASE NUMBER
OP (FC) NO. 362 Of 2021

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Judgment

12 paragraphs · 223 words

A.Muhamed Mustaque,J.

1.

When this matter was taken up before this court for admission, respondent voluntarily appeared through her counsel Sri.Praveen Hariharan. Hence

without issuing notice, we are disposing of the case at the admission stage.

2.

Learned counsel for the petitioner assailed the order for interim maintenance on the ground that the petitioner has now rendered jobless and he has

no means to pay the maintenance awarded at the rate of Rs.30,000/- per month to the respondent. That apart, it is contended before us that the

respondent has gone to UAE and therefore, she has sufficient means to support herself. These were not taken into account by the Family Court when

the order was passed on 23/4/2021.

3.

No doubt, the order was passed in an application for interim maintenance and the Family Court can vary the order already passed on sufficient

grounds. We may not be justified in interfering with an order passed in an application for maintenance on factual grounds. Therefore, we give liberty

to the petitioner to move the Family Court to vary or modify the order passed. If application for such variation or modification is filed within two weeks

from today, that shall be taken up within one month and appropriate orders shall be passed thereon.

With the above observations and directions, we dispose of this original petition.