SIVADASAN Vs. PRABHA, D/O. KANNAMKOTT SREEDHARAN AND

JUDGEMENT

(1.) THIS petition is to condone the delay of 50 days in filing a matrimonial appeal. The appeal in turn is against a direction to pay maintenance at differential rates for different periods for the wife and minor child, aged 10 years. For the early period, maintenance was directed @ Rs. 1,500/ - and Rs. 1,000/ - per mensem to the wife and child. For subsequent period, maintenance was awarded @ Rs. 2,000/ - and Rs. 1,500/ - respectively to them. For the final period and future, maintenance was awarded @ Rs. 2,500/ - and Rs. 2,000/ - per mensem respectively to the wife and child. It was made clear that these amounts are to be reckoned as inclusive of the amount ordered in proceedings under Section 125 Code of Criminal Procedure.

(2.) THESE directions come in the impugned order, which is a common order. By another part of the common order, a petition filed by the petitioner/appellant herein claiming divorce was dismissed by the Family Court.

(3.) MARRIAGE and paternity are admitted. There is no contention that the wife and child have any means of their own. The petitioner/appellant/husband admittedly is employed as an Assistant Executive Engineer in the P.W.D. The impugned order shows that his admitted monthly carry home income is Rs. 15,000/ - and the total emoluments which he is entitled to is Rs. 33,000/ -.