MAHI BALAN Vs. BEENA ARAVIND

JUDGEMENT

(1.) Under challenge in this original petition filed by the husband is Ext. P5 order by which the Family Court has directed payment of interim maintenance to the respondents the wife and children of the petitioner at the rate of Rs. 3,000/- and Rs. 2000/- per mensem respectively. O.P. 1135 of 2009 in which Ext. P5 order has been passed, is filed by the respondents seeking various relief's including a decree of divorce for dissolving the marriage, a decree directing recovery of value of 91 cents of gold ornaments allegedly entrusted with the petitioner at the time of marriage and amounts towards value of consumables, past maintenance and also future maintenance at the rate of Rs. 5,000/- for each of the respondents. Ext. P5 has obviously been passed on the basis of an interlocutory application filed by the respondents for interim maintenance. Even though various grounds have been raised against Ext.P5, Sri. A.V. Jojo, learned counsel for the petitioner addressed appealing submissions before us on the basis of those grounds (all of which were forcibly resisted by the learned counsel for the respondents) gauging Ext.P5 by the yardsticks which are applicable to the exercise of the supervisory jurisdiction of this Court under Article 227, we are convinced that there is no warrant at all for correcting Ext.P5 by this Court under this supervisory jurisdiction. We decline jurisdiction and dismiss the original petition. We direct the learned Judge of the Family Court, Thiruvananthapuram to try and finally dispose of O.P. 1135 of 2009 in accordance with law, as expeditiously as possible and at any rate within three months of receiving a copy of this judgment.