Partly allowed

K.a.Sahfi v. Hyfa

Kerala HC12 Jun 2012OP (FC)/1906/2011

Case brief

AI extract

What is this about?

This judgment modifies an order granting interim maintenance. The High Court reduced the interim maintenance from Rs.3,500 to Rs.3,000 per month from the date the original petition was filed, considering the husband's inability to maintain his aged mother and the discrepancy in salary claims.

What did the court decide?

Modified the order to grant interim maintenance of Rs.3,000 per month to the wife from the date of the original petition.

K.a.Sahfi Vs Hyfa — Maintenance and Alimony | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

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TUESDAY, THE 12TH DAY OF JUNE 2012/22ND JYAISHTA 1934 OP (FC).No. 1906 of 2011 (R) ---------------------------OP.704/1999 of FAMILY COURT, KOTTARAKKARA

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PETITIONER/RESPONDENT IN O.P.:

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K.A.SAHFI, AGED 41 YEARS S/O.ABDUL SAMADH, RESIDING AT K.K.HOUSE, MANNOORKONAM THOLIKKODU VILLAGE, NEDUMANGADU TALUK.

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BY ADV. SRI.P.V.KUNHIKRISHNAN

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RESPONDENT/PETITIONER IN O.P.:

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HYFA, AGED 22 YEARS D/O.ABDUL BASHEER RESIDING AT VILAYIL VEEDU, MULLIKKADU CHIRAVOOR MURI, CHITHASRA VILLAGE KOTTARAKKARA TALUK, PIN-691 559.

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BY ADV. SRI.B.MOHANLAL BY ADV. SRI.SAIJU S. BY ADV. SRI.T.PRASAD

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 12-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(F.C.) 1906 OF 2011

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : A COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE FAMILY COURT KOTTARAKKARA WHICH IS NOW PENDING AS O.P.704/2009 DT.14.8.2009

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EXT.P2 : A COPY OF the COUNTER FILED BY THE PETITIONER IN O.P.704/2009 ON THE FILE OF the FAMILY COURT, KOTTARAKKARA

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EXT.P3 : A COPY OF THE APPLICATION FILED IN O.P.704/2009 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA DT.15.2.2010

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EXT.P4 : A COPY OF the ORDER DT.9.11.2010 IN O.P.704/2009 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA

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RESPONDENTS' EXHIBITS: NIL

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// TRUE COPY //

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PA TO JUDGE

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K.T.SANKARAN & M.L.JOSEPH FRANCIS JJ.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(F.C.) No.1906 of 2011 R

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12^th day of June, 2012

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JUDGMENT

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K.T. Sankaran J.,

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The respondent filed O.P. No.704 of 2009 before the Family Court, Kottarakkara claiming maintenance at the rate of Rs.4,000/per month. Other reliefs were also claimed in the Original Petition. In paragraph 6 of the original petition, the respondent/wife stated that the petitioner/husband was drawing a salary of Rs.12,000/- per month and he is employed as a driver in the Health department. The petitioner(husband) stated in the counter that he is getting only Rs.2,000/- as salary.

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O.P.(F.C.) No.1906 of 2011

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The wife filed an application for interim maintenance at the rate of Rs.4,000/- per month. The Court below granted interim maintenance at the rate of Rs.3,500/- per month from the date of filing of the Original Petition. That order is under challenge in the Original Petition. The husband has not denied that he is employed as a driver in the Health department. At the same time, he says that he is getting only Rs.2,000/- per month, as salary. It is evidently

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false. The Court below found that the husband gets Rs.7,000/- per month, after all deductions.

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We heard learned counsel for the parties. It is contended that the petitioner has to maintain his aged mother also.

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Taking into account the facts and circumstances, we are of the view that it would be proper to modify the order passed by the Court below by reducing the interim maintenance from Rs.3,500/to Rs.3,000/- per month from the date of the Original Petition, i.e., from 14.8.2009.

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O.P.(F.C.) No.1906 of 2011

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Accordingly the Original Petition (Family Court) is partly allowed and the order impugned is modified to the extent that the petitioner/husband shall pay Rs.3,000/- per month as interim

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maintenance to the respondent, from the date of petition.

K.T. SANKARAN,

(JUDGE)

sd M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

K.a.Sahfi v. Hyfa

Case brief

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K.a.Sahfi v. Hyfa

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