Kerala High Court
Sanjayan.P.R vs Bharitha Prathap on 6 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
OP (Crl.) No.464 of 2025
2025:KER:58835
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
OP(CRL.) NO. 464 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 16.05.2025 IN MP
NO.816 OF 2024 OF FAMILY COURT, IRINJALAKUDA ARISING OUT OF
THE ORDER/JUDGMENT DATED IN MC NO.247 OF 2024 OF FAMILY
COURT, IRINJALAKUDA
PETITIONER(S)/RESPONDENT:
SANJAYAN.P.R.
AGED 43 YEARS
S/O. RAJU.P.K., PARAMBIKKATTIL VEEDU, THAZHEKKAD
VIS, VELLANCHIRA DESOM, ALUR VLLAGE, CHALAKUDY
TALUK, THRISSUR DIST., PIN - 680697
BY ADVS.
SRI.M.SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH
RESPONDENT(S)/PETITIONER:
1 BHARITHA PRATHAP
D/O.PRATHAPAN, ILLATHUPARAMBIL HOUSE,
KURUVILASSERY VILLAGE, VALIYAPARAMBU DESOM,
CHALAKUDY TALUK, KURUVILASSERY .P.O.,THRISSUR
DIST., PIN - 680732
2 DHANWIN
MINOR REPRESENTED BY MOTHER BHARITHA PRATHAP, S/O.
SANJAYAN.P.R., ILLATHUPARAMBIL HOUSE,
KURUVILASSERY VILLAGE, VALIYAPARAMBU DESOM,
OP (Crl.) No.464 of 2025
2025:KER:58835
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CHALAKUDY TALUK, KURUVILASSERY .P.O.,THRISSUR
DIST., PIN - 680732
BY ADVS.
SMT. S. SEETHA, SR.PP
SRI.AUGUSTUS BINU
SMT.ANJU THOMAS.M
SRI.MITHUN BABY JOHN
SHRI.JAYAKUMAR B.
SHRI.NIDHEESH MOHAN
SHRI.GOVIND V.I.
SHRI.KRISHNADEV K.
SHRI.NANDHU S.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (Crl.) No.464 of 2025
2025:KER:58835
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P.V.KUNHIKRISHNAN, J.
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OP (Crl) No.464 of 2025
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Dated this the 06th day of August, 2025
JUDGMENT
The above Original Petition (Crl.) is filed with the following prayers:
"i] Set aside Exhibit P6 order granting interim maintenance to the respondents @ 15000/- each in the Interest of Justice.
ii] Direct the Family Court Irinjalakuda to reconsider Exhibit P2 MP 816/2024 filed by the respondents for interim maintenance with reference to Exhibit P4 and P5 Disclosure Affidavit of the parties in the Interest of Justice." SIC
2. The petitioner is aggrieved by Ext.P6 order. As per Ext.P6 order, the Family Court, Irinjalakuda allowed the prayer in MP No.816/2024 in MC No.247/2024 and directed the petitioner to pay interim maintenance at the rate of Rs.30,000/- to the OP (Crl.) No.464 of 2025 2025:KER:58835 4 respondents (Rs.15,000/- each). Aggrieved by the same, this Original Petition is filed.
3. When this Original Petition came up for consideration before this Court on 18.07.2025, this Court passed the following order:
"Admit.
Issue urgent notice to respondents. The petitioner will also serve notice to the counsel appearing for the respondents before the Family Court and file a memo before this Court within two weeks.
The interim stay for a period of four months on condition that the petitioner will deposit the entire arrears @ Rs.10,000/- within six weeks and also continue to pay the monthly maintenance at the same rate.
Post immediately after service is complete."
4. Heard the learned counsel appearing for the petitioner and the counsel for the respondents.
5. This Court perused Ext.P6 order. According to the petitioner, no sufficient opportunity was given OP (Crl.) No.464 of 2025 2025:KER:58835 5 to the petitioner to file the disclosure affidavit and he is ready to submit a disclosure affidavit, if some time is granted. The counsel for the respondent submitted that the interim maintenance awarded is not paid and there is huge arrears also.
6. Considering the facts and circumstances of the case, I think, an opportunity can be given to the petitioner to file a disclosure affidavit by setting aside Ext.P6 order. But, I make it clear that the petitioner should pay interim maintenance as ordered by this Court on 18.07.2025 till final orders are passed in MP No.816/2024.
Therefore, this Original Petition(Crl.) is disposed of with the following directions:
1. Ext.P6 order is set aside and MP No.816/2024 in MC No.247/2024 is restored before the Family Court, Irinjalakuda.OP (Crl.) No.464 of 2025
2025:KER:58835 6
2. The petitioner will file the disclosure statement within two weeks from the date of appearance before the Family Court. Thereafter, the Family Court will pass appropriate orders in MP No.816/2024 in MC No.247/2024, untrammeled by any observation in the order dated 18.07.2025, which is extracted above.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
OP (Crl.) No.464 of 2025
2025:KER:58835
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APPENDIX OF OP(CRL.) 464/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE M.C.247/2024 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA DT.10.12.2024 EXHIBIT P2 THE TRUE COPY OF THE M.P.NO.816 / 2024 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA DT.10.12.2024 EXHIBIT P3 THE TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT DT.29.12.2023 EXHIBIT P4 THE TRUE COPY OF THE ASSET AND LIABILITY AFFIDAVIT FILED BY THE PETITIONER/RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA EXHIBIT P5 THE TRUE COPY OF THE ASSET AND LIABILITY AFFIDAVIT BY THE RESPONDENT/PETITIONER BEFORE THE FAMILY COURT, IRINJALAKUDA EXHIBIT P6 THE TRUE COPY OF THE ORDER IN M.P.NO.816/2024 IN M.C.NO.247/2024 PASSED BY THE FAMILY COURT, IRINJALAKUDA DT.16.05.2025 //TRUE COPY// PA TO JUDGE