IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
FREDINENT EDWARD – Appellant
Versus
MARY EDWARD – Respondent
| Table of Content |
|---|
| 1. challenge against maintenance enhancement based on procedural grounds. (Para 1 , 2) |
| 2. court affirms the legality of the maintenance modification order. (Para 4 , 5 , 6) |
| 3. the statutory obligation of maintenance stands irrespective of financial strains. (Para 7 , 8 , 9) |
Devan Ramachandran, J.
The petitioner challenges Ext.P2 order of the learned Family Court, Thiruvananthapuram, not primarly because it enhanced the quantum of compensation payable to the respondent from Rs.3000/- to Rs.6000/- per month; but because it is so done in an original petition, which was decreed and then confirmed by this court in Mat. Appeal No. 39 of 2008 .
2. Sri. Sachithananda Pai – learned counsel for the petitioner, submitted that, though his client's main challenge in this original petition is against the impugned order being passed in an original petition, the decree which has become final on account of the appellate orders of this court, he also has a case that the amount now imposed is high. He argued that, when the application filed by the respondent itself is not maintainable for the aforementioned reason, an enhancement of the maintenance from Rs.3000/- to Rs.6000/-, is imperm
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