Cyril vs Smitha

CYRIL vs Smitha

Type Court Judgment Court Kerala Orders Decided Mar 27, 2024

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https://sooperkanoon.com/case/1319748

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Citation: sooperkanoon.com/1319748
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Mar 27, 2024
Case Number: RPFC/107/2024

Parties & Advocates

Appellant / Petitioner

CYRIL

Respondent

Smitha

Excerpt

.....residing at bethel house, kalachal p.o, kololampu, ponnani thaluk, malappuram district, pin - 679576 by advs. antony shyju h.nujumudeen respondent/petitioner: smitha, aged 42 years, d/o rajan, residing at smitha nivas, ottupara,kumaranelloor p.o, thalappilli thaluk, malappuram, pin - 680590 this rev.petition(family court) having come up for admission on 27.03.2024, the court on the same day passed the following: rpfc no.107 of 2024 2orderthis revision is by the husband who is employedas a teacher in an lp school. it is against the orderof maintenance at the rate of rs.8,000/- to the wife. it is submitted by the learned counsel for the revision petitioner that the entire arrears comes to rs.3,28,000/-. this would show that no amount was given to the wife by way of maintenance and came up with this revision with ulterior motives. the amount ordered by way of maintenance to the wife comes to a meagre amount of rs.8,000/-, the bare minimum required for leading a decent life. but, having regard to the submission made by the learned counsel for the revision petitioner, a time schedule is allotted for payment of arrears, permitting him to pay the same in three equal installments commencingfrom the first day of april 2024. it shall be paid rpfc no.107 of 2024 3 on or before 10th of each month, that is three consecutive months starting from april 2024. the revision petition will stand dismissed in limine with the abovesaid direction. sd/- p.somarajan judge dmr/- rpfc no.107 of 2024 4 appendix of rpfc 107/2024 petitioner's annexures annexure 1 the true copy of the order dated 09.02.2023 in mc no.747/2019 before the honourable family court, thrissur annexure 2 the true copy of the notice dated 21.02.2024 issued by the deputy tahsildar, ponnani thaluk. // true copy // p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 27th DAY OF MARCH 2024 / 7TH CHAITHRA, 1946 RPFC NO. 107 OF 2024 AGAINST THE ORDER DATED 09.02.2023 IN MC NO.747 OF 2019 OF FAMILY COURT, THRISSUR REVISION PETITIONER/RESPONDENT: CYRIL, AGED 49 YEARS, S/o TITUS, RESIDING AT BETHEL HOUSE, KALACHAL P.O, KOLOLAMPU, PONNANI THALUK, MALAPPURAM DISTRICT, PIN - 679576 BY ADVS. ANTONY SHYJU H.NUJUMUDEEN RESPONDENT/PETITIONER: SMITHA, AGED 42 YEARS, D/o RAJAN, RESIDING AT SMITHA NIVAS, OTTUPARA,KUMARANELLOOR P.O, THALAPPILLI THALUK, MALAPPURAM, PIN - 680590 THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RPFC No.107 of 2024 2

ORDER

This revision is by the husband who is employed

as a teacher in an LP School. It is against the order

of maintenance at the rate of Rs.8,000/- to the wife. It is submitted by the learned counsel for the revision petitioner that the entire arrears comes to Rs.3,28,000/-. This would show that no amount was given to the wife by way of maintenance and came up with this revision with ulterior motives. The amount ordered by way of maintenance to the wife comes to a meagre amount of Rs.8,000/-, the bare minimum required for leading a decent life. But, having regard to the submission made by the learned counsel for the revision petitioner, a time schedule is allotted for payment of arrears, permitting him to pay the same in three equal installments commencing

from the first day of April 2024. It shall be paid RPFC No.107 of 2024 3 on or before 10th of each month, that is three consecutive months starting from April 2024. The Revision Petition will stand dismissed in limine with the abovesaid direction. Sd/- P.SOMARAJAN JUDGE DMR/- RPFC No.107 of 2024 4 APPENDIX OF RPFC 107/2024 PETITIONER'S ANNEXURES Annexure 1 THE TRUE COPY OF THE ORDER DATED 09.02.2023 IN MC NO.747/2019 BEFORE THE HONOURABLE FAMILY COURT, THRISSUR Annexure 2 THE TRUE COPY OF THE NOTICE DATED 21.02.2024 ISSUED BY THE DEPUTY TAHSILDAR, PONNANI THALUK. // TRUE COPY // P.A. TO JUDGE

Same Court & Year Kerala Orders · 2024 Same Parties CYRIL vs Smitha Same Judge Honourable Mr. Justice P.Somarajan