Kerala High Court
In M.C.No.389/2018 Of Family ... vs By Adv.Sri.R.Gopan on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
OP(Crl.).No.217 OF 2020
IN M.C.NO.389/2018 OF FAMILY COURT, ATTINGAL
PETITIONER/RESPONDENT
ABILASH RADHAKRISHNAN, S/O RADHAKRISHNAN,
AGED 32 YEARS,
ABHIRAMA NILAYAM, KOTACHANVILA, VAZHUTHOOR,
NEYYATTINKARA, PIN-695 121
BY ADV.SRI.R.GOPAN
RESPONDENT/PETITIONER:
CHITHU VIJAYA,
VIJAYA VILASAM, VETTIYARA P.O.,
KADAMPATTUKONAM, NAVAIKULAM VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN-695 603
BY ADVS. SRI.R.RAJESH (VARKALA)
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SRI.SAMEER M NAIR
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No.217 OF 2020
2
JUDGMENT
Dated this the 14th day of January, 2021
The following reliefs are sought in the petition on hand:
"i) issue an order or direction directing the Family
Court, Attingal to pass an interim order in
M.C.No.389/2018 within the time fixed by this
Honourable Court.
ii) such other direction or order as this Honourable
Court deem fit and proper for the circumstances in
this case."
2. The petition is filed under Section 227 of the
Constitution of India. Copy of M.C.No.389 of 2018 appended to
the petition on hand as Ext.P1 reveals that, it was filed on
September, 2018 under Section 125 (1) Cr.P.C, and monthly
maintenance allowance at the rate of Rs.15,000/- each was
sought for the wife and child. The petitioner herein, the husband
has already entered appearance and laid Vakkalath in the M.C.
3. The petitioner alleged that he is employed as an
Airman in Indian Air Force and a salary of Rs.35,000/- is drawn
in a month. According to him, the respondent is a Graduate in
M.B.A as well as Homoeopathy. A photocopy of the degree of
OP(Crl.).No.217 OF 2020
BHMS is produced herewith and marked as Ext.P2. According to
him the respondent is also getting Rs.40,000/- monthly from her
private practice in homoeo medicine.
4. The wife has filed a complaint before the Air Chief
Marshal for getting maintenance to herself and the child and after
adjudication of the claim, order No.30/2019 was passed
directing the petitioner herein to pay monthly maintenance
allowance at the rate of Rs.8,600/- to the wife for a period of five
years at a time or till reunion or divorce or grant of maintenance
allowance by Civil Court or discharge/retirement of the individual
subject to Air Force Act,1950 or on establishing material changes
in facts and circumstances, whichever is earlier. Rs.8,000/- was
ordered as the monthly maintenance allowance to the child till
the attainment of age of 25 years or getting employment or
remains out of custody of father or when a maintenance is
granted by a Civil Court or on discharge/retirement of the
individual subject to the Air Force Act, 1950 or occurrence of any
material change in facts and circumstances, whichever is earlier.
The photocopy of the said order is also appended to the petition
on hand as Ext.P3.
OP(Crl.).No.217 OF 2020
5. It is contended that the wife is getting the M.C
pending on the files of Family Court, Attingal (for short 'the
Family Court') adjourned severally and thus delaying the disposal
of the M.C inordinately. It is contended that she is not even
pressing for passing an order granting interim maintenance in her
favour and for the child. The learned counsel has also cited 3 rd
Proviso to Sub-Section (1) of Section 125 Cr.P.C to contend that a
claim for interim maintenance or monthly maintenance, as the
case may be, shall be disposed of by the Family Court within a
period of 60 days from the date of service of notice of the
application to the opposite party. It is contended by the learned
counsel that though statutory provision stands in the manner,
M.C filed in the year 2018 is pending without any orders being
passed in it. In the context, seeking for a direction to the Family
Court for expeditious disposal of the claim for interim
maintenance allowance or the claim for monthly maintenance
allowance.
6. It is true that the Code of Criminal Procedure in
Section 125 Cr.P.C makes provision for disposal of claims made
by wives for maintenance in a time bound manner. Period of 60
days from the date on which notice is served on the counter
OP(Crl.).No.217 OF 2020
petitioner is provided by the Code. The M.C being filed in the year
2018, period of 60 days is already over and till date no order has
been passed by the Family Court. The learned counsel for the
respondent has also conceded that no order has been passed by
the Family Court till date. In the above circumstances, this Court
finds it expedient in the interest of justice to allow the petition.
In the result, O.P.(Crl.) stands allowed. The Family Court
shall see that the claim for interim maintenance allowance or
claim for a final order in the M.C granting monthly maintenance
allowance, whichever is pressed by the party, shall be considered
and disposed of within a period of one and three months, as the
case may be, from the date of receipt of a certified copy of this
judgment.
Sd/-
MARY JOSEPH
JUDGE
NAB
OP(Crl.).No.217 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE M.C.NO.389/2018 FILED BY
THE RESPONDENT BEFORE THE FAMILY COURT,
ATTINGAL
EXHIBIT P2 PHOTOCOPY OF THE DEGREE CERTIFICATE OF BHMS
ISSUED BY THE TAMILNADU HOMOEOPATHY MEDICAL
COUNCIL, CHENNAI DATED 15.10.2015
EXHIBIT P3 PHOTOCOPY OF THE ORDER NO.30/2019 OF THE
CHIEF OF AIR STAFF DATED 17TH OCTOBER 2019
RESPONDENT'S/S EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
