IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 12TH DAY OF JANUARY 2023/22ND POUSHA, 1944
OP(CRL.) NO.560 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 30.06.2022 IN
CRL.M.P.NO.251/2022 IN M.C. NO.190/2021 OF FAMILY COURT,
CHAVARA
PETITIONER/RESPONDENT:
NITHISH RAJ, AGED 30 YEARS,
SON OF NADARAJAN VASUVAN,
THANAL, OLAKETTYAMBALAM, ALAPPUZHA,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER
NADARAJAN VASUDEVAN, AGED 61 YEARS,
SON OF VASUDEVAN, RESIDING AT THANAL,
OLAKETTY AMBALAM P.O, ALAPPUZHA,
KERALA, PIN - 690510.
BY ADVS.
M.T.SURESHKUMAR
SHRI.R.RANJITH, SC
SMITHA PHILIPOSE
P.R.JAYASANKAR
DARSAN SOMANATH
MANJUSHA.K
SREELAKSHMI SABU
RESPONDENTS/PETITIONERS:
1 HARSHA LAL, AGED 29 YEARS, DAUGHTER OF LAL,
MALINI, ADINADU NORTH, ADINADU NORTH P.O,
KOLLAM, KERALA, PIN - 690542.
2 NAYRAH HARSHA, AGED 16 YEARS,
DAUGHTER OF NITHISH RAJ, ADINADU NORTH,
ADINADU NORTH P.O, KOLLAM, KERALA, PIN - 690542.
(2ND RESPONDENT IS MINOR REPRESENTED BY MOTHER,
1ST RESPONDENT)
BY ADVS.
SMT.NURIYA
SMT.REVATHY P. MANOHARAN(K/000669/2014)
SRI.ASHEEK ANTONY(K/001298/2021)
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(Crl.) No.560 of 2022
2
JUDGMENT
Dated, this the 12th January, 2023 This original petition has been filed under Article 227 of the Constitution of India by the petitioner, who is the respondent in Crl. M.P.No.251/2021 in M.C.No.190/2021 before the Family Court, Chavara, challenging Ext.P4 order dated 30.06.2022, passed in the above petition.
2. As per the order, the learned Family Court Judge granted interim maintenance at the rate of Rs.10,000/- per month to the 1 st respondent and Rs.5,000/- per month to the 2nd respondent, who are the wife and child of the original petitioner.
3. Heard the learned counsel for the petitioner and the respondents.
4. The respondents herein had approached the Family Court and sought for allowance of maintenance. According to the respondents, the OP(Crl.) No.560 of 2022 3 petitioner herein had been employed abroad as a Mechanical Engineer (Quality Analyser) in Abu Dhabi Emirates, Defence department and had been earning sufficient income to grant interim maintenance at the rate of Rs.25,000/-.
5. The petitioner herein filed objection and resisted the interim maintenance application on the submission that he had no income as alleged or otherwise, and the petitioner had been in search of an employment abroad.
6. In this matter, admittedly, the petitioner is a Mechanical Engineer by profession and according to the respondents, he has been working as a Quality Analyser in Abu Dhabi. Though it is contended by the petitioner that he lost the job and he is in search of job, that cannot be a reason to deny the interim maintenance. Noting this aspect, the learned Family Court granted Rs.10,000/- OP(Crl.) No.560 of 2022 4 as maintenance to the 1st petitioner and Rs.5,000/- as maintenance to the 2 nd petitioner.
7. It is submitted by the learned counsel for the petitioner that the petitioner is ready to continue payment of maintenance at the rate of Rs.5,000/- each, as ordered by this Court as per interim order dated 01.11.2022. Whereas the said suggestion was opposed by the learned counsel for the respondents on the submission that the petitioner has been working as Mechanical Engineer at present also in Dubai Defence Department and the story that he lost his job etc., are incorrect.
8. In fact, disposal of the M.C., on merits, based on the evidence to be adduced, would decide what actually is the quantum of compensation entitled by the respondents herein.
9. However, as an interim arrangement, I OP(Crl.) No.560 of 2022 5 am inclined to grant Rs.7,500/- as maintenance to the 1st respondent and Rs.5,000/- as maintenance to the 2nd respondent and the impugned order stands modified accordingly, with direction to the petitioner to deposit the amount and to continue payment of interim maintenance at the said rate till disposal of the M.C. by the Family Court.
Accordingly, this O.P.(Crl.) stands allowed in part.
Sd/-
A.BADHARUDEEN, JUDGE.
ww OP(Crl.) No.560 of 2022 6 APPENDIX OF OP(CRL.) 560/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION IN M.C.NO.
190 OF 2021 DATED 1.11.2021.
EXHIBIT P2 TRUE COPY OF THE CRL. MP NO.251 OF 2022 IN MC NO.190 OF 2021 ON THE FILE OF HONOURABLE FAMILY COURT CHAVARA DATED 28.3.2022.
EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN CRL.M.P.NO.251 OF 2022.
EXHIBIT P4 CERTIFIED COPY OF THE ORDER DATED 30.6.2022 IN CRL.M.P.NO.251 OF 2022 IN MC NO.190 OF 2021 PENDING ON THE FILE OF FAMILY COURT, CHAVARA.