Kerala High Court
Prakasan V.K vs Jayasree V.P on 25 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.).No.448 of 2025
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2025:KER:55176
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
OP(CRL.) NO. 448 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 24.04.2025 IN MC
NO.550 OF 2023 OF FAMILY COURT,KOZHIKODE
PETITIONER(S)/RESPONDENT/RESPONDENT:
PRAKASAN V.K.
AGED 62 YEARS
S/O. LATE KUTTIKRISHNA KURUP, PRAKASPURI,
EDAKKARA, KOCHAMVALLITHAZHAM, CHELANNUR,
KOZHIKKODE DISTRICT, PIN - 673616
BY ADV. SRI.K.RAKESH
RESPONDENT(S)/PETITIONER/PETITIONER:
JAYASREE V.P.
AGED 58 YEARS
D/O. KUTTIKRISHNAN NAIR, PADISSERY HOUSE,
THALAKKULATHUR, KOZHIKODE DISTRICT, PIN - 673317
BY ADVS.
SMT.MAYA CHANDRAN
SRI. PRAMOD KUMAR - R1
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl.).No.448 of 2025
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2025:KER:55176
P.V.KUNHIKRISHNAN, J
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O.P.(Crl.) No.448 of 2025
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Dated this the 25th day of July, 2025
JUDGMENT
The above Original Petition (Crl.) is filed seeking the following reliefs:
"i) Call for the records leading to Exhibit P1 and set aside the same by the issuance of a direction or order;
ii) Dispense with the filing of English Translation of Vernacular documents:
iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."[SIC]
2. Petitioner is aggrieved by Ext.P1 order by which the Family Court, Kozhikode directed the petitioner to pay interim maintenance to the respondent @ Rs.7,500/- per month. A perusal of Ext.P1 order would show that there was no representation for the petitioner, and no counter was also filed by the petitioner before the Family Court, and O.P.(Crl.).No.448 of 2025 3 2025:KER:55176 hence the Family Court was forced to pass the impugned order.
3. Counsel for the petitioner submitted that an opportunity may be given to argue the interim maintenance application on merit.
4. Counsel for the respondent seriously opposed the same and submitted that the petitioner has not even filed a counter either in the interim maintenance application or in the M.C.
5. When this Original Petition (Crl.) came up for consideration on 14.07.2025, this Court passed the following order:
"Admit.
Issue urgent notice to the respondent. The petitioner will also give notice to the counsel appearing for the respondent before the Family Court, Kozhikode and file a memo within ten days.
Interim stay of the impugned order for a period of 4 months on condition that the petitioner will deposit the entire arrears of interim maintenance at the rate of Rs.4,000/- (Rupees Four Thousand only) within O.P.(Crl.).No.448 of 2025 4 2025:KER:55176 six weeks and also continue to pay at the rate of Rs.4,000/- (Rupees Four Thousand only) till further orders are passed.
Post on 25/07/2025."
6. Considering the facts and circumstances of the case and without going to the merit of the case, I think Ext.P1 can be set aside. The interim order dated 14.07.2025 can be retained and there can be a direction to the Family Court to reconsider the interim maintenance application untrammeled by any observation in the interim order. Till final orders are passed in the interim maintenance application, the interim order passed by this Court on 14.07.2025 can continue.
Therefore, this Original Petition (Crl.) is disposed of in the following manner:
1. Ext.P1 is set aside and C.M.P. No.1/2024 in M.C. No.550/2023 on the file of the Family Court, Kozhikode is restored.
2. The petitioner is given two weeks time to file a O.P.(Crl.).No.448 of 2025 5 2025:KER:55176 counter affidavit, if any, in the above application from the date of receipt of a copy of this judgment.
3. The Family Court, Kozhikode will pass final orders in the interim maintenance application, as expeditiously as possible. Till final orders are passed in the interim maintenance application, the interim order passed by this Court on 14.07.2025 will continue.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM O.P.(Crl.).No.448 of 2025 6 2025:KER:55176 APPENDIX OF OP(CRL.) 448/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 24-4-2025 IN C.M.P.NO.1/2024 IN M.C.NO.550/2023 PASSED BY THE FAMILY COURT, KOZHIKODE EXHIBIT P2 A TRUE COPY OF THE APPLICATION FILED BY THE RESPONDENT AS C.M.P(EX).NO.182/2025 IN M.C.NO.550/2023 DATED 23-5-2025 EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER IN C.M.P(EX).NO.182/2025 FROM THE FAMILY COURT, KOZHIKODE DATED 31-5- 2025