Rajesh.R vs Lekshmi

Type Court Judgment Court Kerala Orders Decided Mar 04, 2024

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Citation: sooperkanoon.com/1285130
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Mar 04, 2024
Case Number: RPFC/12/2021
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Rajesh.R

Respondent

Lekshmi

Excerpt

.....t. c. 20/40 (2), shastha nagar, h. no.42, karamana p. o., thiruvananthapuram - 695 002. smt.k.kusumam on 04.03.2024, along with rpfc.12/2021, the court on the same dayorderthese are the two revisions preferred respectively by the wife and husband against theorder of maintenance to the two children @ rs.6,000/-per month. the amount ordered by the family court to the children by taking into consideration the prevailing cost of living, age of minor children and their educational expenditure reflects a proper balance though they are entitled to more to maintain a decent life. it was inter alia contended that the husband has lost his job. on the other hand, the wife fairly submitted that what is considered by the trial court is the amount required at the time when evidence was adduced for the maintenance of the children. now the cost of living and educational expenditure enhanced considerably. in fact, it is a matter to be adjudicated before the trial court under section 127 cr.p.c. based on the change of circumstances. hence, without prejudice to the right of parties to take up the respective contentions, if any available based on the subsequent developments before the family court under section 127 cr.p.c., the present revision petitions will stand dismissed. both the r.p.(fc) will stand dismissed. sd/- p.somarajan judge msp

Full Judgment

RPFC NO. 12 OF 2021 REVISION PETITIONER/S: RAJESH.R, AGED 37 YEARS, S/O.RAJAN, T.C.20/40(2), SHASTHA NAGAR, H.NO.42, KARAMANA P.O., THIRUVANANTHAPURAM 695 002 K.KUSUMAM SMT.ASWATHY S.K SMT. REEJA R. NAIR RESPONDENTS/PETITIONERS:
1 LEKSHMI, W/O.RAJESH R., AGED 34 YEARS, T.C.20/40(2), SHASTHA NAGAR, KARAMANA P.O., THIRUVANANTHAPURAM NOW RESIDING AT NIRMALA BHAVAN, POTHENCODE, THIRUVANANTHAPURAM 695 2 DEEKSHITHA, AGED 101/2 YEARS (MINOR), D/O.RAJESH, T.C.20/40(2), SHASTHA NAGAR, KARAMANA P.O., THIRUVANANTHAPURAM, NOW RESIDING AT NIRMALA BHAVAN, POTHENCODE, THIRUVANANTHAPURAM 695 584 (REP.BY HER MOTHER 1ST RESPONDENT) 3 NIVEDITH, AGED 8 1/2 YEARS (MINOR), D/O.RAJESH, T.C.20/40(2), SHASTHA NAGAR, KARAMANA P.O., THIRUVANANTHAPURAM NOW RESIDING AT NIRMALA BHAVAN, POTHENCODE, THIRUVANANTHAPURAM 695 584 (REP.BY HIS MOTHER 1ST RESPONDENT) SRI.GEORGE POONTHOTTAM (SR.)
ON 04.03.2024, ALONG WITH RPFC.38/2021, THE COURT ON THE SAME DAY RPFC NO. 38 OF 2021 REVISION PETITIONER/PETITIONERS:
1 LAKSHMI M., AGED 32 YEARS W/O. RAJESH R., RESIDING AT T. C. 20/40 (2), SHASTHA NAGAR, H. NO.42, KARAMANA P. O., THIRUVANANTHAPURAM, NOW RESIDING AT NIRMALA BHAVAN, POTHENCODU, 2 DEEKSHITHA, AGED 10 1/2 YEARS (MINOR), D/O. RAJESH, RESIDING AT T. C. 20/40 (2), SHASTHA NAGAR, H. NO.42, KARAMANA P. O., THIRUVANANTHAPURAM, NOW RESIDING AT NIRMALA BHAVAN, POTHENCODU, 3 NIVEDITH, AGED 9 YEARS (MINOR), S/O. RAJESH, RESIDING AT T. C. 20/40 (2), SHASTHA NAGAR, H. NO.42, KARAMANA P. O., THIRUVANANTHAPURAM, NOW RESIDING AT NIRMALA BHAVAN, POTHENCODU, THIRUVANANTHAPURAM - 695 002. GEORGE POONTHOTTAM (SR.)
RESPONDENT/COUNTER PETITIONER: RAJESH R., AGED 35 YEARS, S/O. RAJAN, T. C. 20/40 (2), SHASTHA NAGAR, H. NO.42, KARAMANA P. O., THIRUVANANTHAPURAM - 695 002. SMT.K.KUSUMAM ON 04.03.2024, ALONG WITH RPFC.12/2021, THE COURT ON THE SAME DAY

ORDER

These are the two revisions preferred respectively by the wife and husband against the

order of maintenance to the two children @ Rs.6,000/-

per month. The amount ordered by the Family Court to the children by taking into consideration the prevailing cost of living, age of minor children and their educational expenditure reflects a proper balance though they are entitled to more to maintain a decent life. It was inter alia contended that the husband has lost his job. On the other hand, the wife fairly submitted that what is considered by the trial court is the amount required at the time when evidence was adduced for the maintenance of the children. Now the cost of living and educational expenditure enhanced considerably. In fact, it is a matter to be adjudicated before the trial court under Section 127 Cr.P.C. based on the change of circumstances. Hence, without prejudice to the right of parties to take up the respective contentions, if any available based on the subsequent developments before the Family Court under Section 127 Cr.P.C., the present revision petitions will stand dismissed. Both the R.P.(FC) will stand dismissed. Sd/- P.SOMARAJAN JUDGE msp

Same Court & Year Kerala Orders · 2024 Same Parties Rajesh.R vs Lekshmi Same Subject Land Acquisition Same Judge Honourable Mr. Justice P.Somarajan