SHYMON MATHEW Vs. MANJUSHA GEORGE

JUDGEMENT

(1.) The petitioner challenges Ext.P11, which is an order of the Family Court , Kalpetta, as per which, interim maintenance has been ordered at the rate of Rs.5000/- each for the estranged wife, the respondent herein and their child.

(2.) Petitioner challenges this order essentially on the ground that there was no determination of his means, before the Court had ordered this amount as maintenance. Petitioner seems to rely on Ext.P7 judgment of this Court which was delivered in an earlier proceedings, wherein this Court had found that the petitioner's capacity to make payment of interim maintenance under earlier orders of the Family Court, that was then impugned, to the extent of Rs.4,000/- each for the wife and child had not been founded on proper material and this Court had reduced the maintenance to be Rs.2,000/- each for the wife and Rs.1,500/- for the child.

(3.) Having heard Sri.M.Sasindran, the learned counsel for the petitioner and Sri.Siji Antony, the learned counsel appearing for the respondent, we see that the Court below had proceeded to refix the maintenance to be paid to the wife and child holding that their needs and requirements have now substantially increased, specifically noticing that the child is now school going and that she requires treatment for photo-dermatitis.