JISHA THOMAS Vs. GEORGE THOMAS

JUDGEMENT

(1.) Heard both sides.

(2.) The husband came up in O.P.(Crl) No.96/2021 challenging the quantum of interim maintenance granted to two minor children at the rate of Rs.2,500/- per month. It is submitted by the learned counsel relying on the decision rendered by the Apex Court in Rajnesh v. Neha and Another [2020 (6) KHC 1] that the said order was passed not in compliance with the said decision. But the interim maintenance application was submitted prior to the said judgment of the Supreme Court. Maintenance amount as against the petitioner/wife was refused by the trial court against which she came up in O.P.(Crl) No.34/2021 and for enhancement of maintenance to the children.

(3.) The interim maintenance application was admittedly filed before pronouncement of the abovesaid judgment. It was heard and taken up for disposal prior to the said judgment and hence directions issued were not within the notice of parties. But the fact that it was rendered after the said judgment of the Apex Court would assume importance as it was not taken notice of by the learned Family Court Judge. Now the minor children are studying in 9th and 6th standard. What is ordered by the Family Court is only at the rate of Rs.2500/- per month each to minor children as against the job and income of the petitioner, who is serving as a Vehicle Inspector in the State of Kerala. It is admitted by the learned counsel for the respondent/husband that he is getting a monthly salary of Rs.59,350/-.