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2017 Supreme(Online)(KER) 52655

HIGH COURT OF KERALA
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
ANILKUMAR – Appellant
Versus
SUMATHY – Respondent


Advocates:
SRI.V.A.JOHNSON (VARIKKAPPALLIL), SRI.RAJESH SIVARAMANKUTTY

J U D G M E N T

Shaffique, J

This original petition is filed challenging Ext.P1 order dated 13/12/2013 in I.A.No.1518/2013 and Ext.P2 order dated 30/07/2014 in I.A.No.540/2014 in O.P.No.166/2013 pending before the Family Court Palakkad. Petitioner herein is the respondent in O.P.No.166/2013 of the Family Court, Palakkad. The original petition was filed by the wife and minor child seeking maintenance.

2. I.A.No.1518/2013 is filed for interim maintenance. By order dated 13/12/2013, Family Court directed payment of Rs.2,500/- per month to the 1 st petitioner and Rs.1,500/- p.m to the 2 nd petitioner from the date of petition till disposal of the original petition.

3. Petitioner did not pay the maintenance, which prompted the respondent to file I.A.No.530/2014 to strike off the defence. Since no Counter affidavit was filed, the petition was allowed. Learned counsel for the petitioner challenges the impugned order s.

4. Heard the learned counsel appearing on either side.

5. First question to be considered in this original petition is in regard to the maintenance to be awarded to the wife and minor child. Perusal of Ext.P1 would show that the 1 st petitioner is unemployed and has no source o

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