LAWS(KER)-2022-9-183

ABDUL NASSAR PERINGODAN Vs. DR. BENASEER LATHEEF NASSAR

Decided On September 19, 2022
Abdul Nassar Peringodan Appellant
V/S
Dr. Benaseer Latheef Nassar Respondents

JUDGEMENT

(1.) Order in CMP No.1 of 2021 in M.C.No.213 of 2019 on the file of the Family Court, Kozhikode is put under challenge in this petition at the instance of the respondent in the above case, who is the husband of the first original petitioner and father of the remaining petitioners 2 to 4.

(2.) It is submitted by the learned counsel for the petitioner that the impugned order is an ex-parte order passed without issuing notice and without considering the objection at the instance of the petitioner. The learned counsel for the respondents also would concede that this is an ex-parte interim order passed by the Family Court.

(3.) In this case, as per the impugned order, the Family Court granted interim maintenance at the rate of Rs.15,000.00 each to the petitioners 2 to 4 who are the children of the respondent, while denying interimmaintenance to the first petitioner. She, admittedly, is a doctor by profession. It is submitted by the learned counsel for the respondents that, as per the records available itself, it is an admitted fact that the respondent has been working as Senior Financial Analyst and he has been getting Rs.2,15,000.00 as his income and he has been working in Qatar and is a Chartered Accountant. Therefore, the interim maintenance to the children shall be on par with the social status of the father. Therefore, though the order is passed without issuing notice, granting interim maintenance at the rate of Rs.15,000.00 is not on higher side. Therefore, the same is liable to be confirmed.