Kerala High Court
Against The Order/Judgment In Mc ... vs By Advs on 25 March, 2021
OP(Crl.).No.228 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
OP(Crl.).No.228 OF 2019
AGAINST THE ORDER/JUDGMENT IN MC 7/2018 OF FAMILY
COURT,TRIVANDRUM
PETITIONER
ARUN N.S.,
AGED 29 YEARS
S/O.NARAYANA DASAN, FLAT NO.V, B 16,HAPPY
APARTMENTS, BALARAMAPURAM (P.O), NEYYATTINKARA
TALUK, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.GOPAKUMAR R.THALIYAL
SRI.V.ANIRUDHAN NAIR
RESPONDENTS:
1 LEKSHMI S.S.,
AGED 30 YEARS
D/O.SUDHI, MARUTHARATHALA VEEDU, KOTTAMAM,
PARASUVAIKAL (P.O), NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN- 695508.
2 ARUNIMA NARAYANAN.A.S,
AGED 3 YEARS
(MINOR) D/O.ARUN, MARUTHARATHALA VEEDU, KOTTAMAM,
PARASUVAIKAL (P.O), NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, PIN- 695508
(REPRESENTED BY MOTHER, THE 1ST RESPONDENT,
LEKSHMI.S.S).
R1 BY ADV. SRI.G.HARIKRISHNAN (TRIPUNITHURA)
R1-2 BY ADV. SRI.PHILIP J.VETTICKATTU
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 25.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No.228 OF 2019 2
JUDGMENT
Dated this the 25th day of March 2021
Heard the learned counsel for the petitioner as well the learned
counsel for the respondents.
2. The petitioner is the respondent in M.C.No.7 of 2018 pending
before the Family Court, Thiruvananthapuram. M.C has been filed by
the respondents herein under Section 125 (1) of the Code of Criminal
Procedure seeking maintenance from the petitioner herein. The
learned Judge, Family Court, Thiruvananthapuram by an order dated
5.4.2019 in C.M.P No.401/2018 passed an order of interim
maintenance directing the petitioner herein to pay an amount of
Rs.8000/- per month to the first respondent herein and Rs.7000/- to
the second respondent herein from the date of filing of the petition till
disposal of the M.C. The said order is under challenge in this petition.
3. At the time of admission, this Court before appearance of the
respondents directed the petitioner to pay maintenance to the
respondents at the rate of Rs.8000/- per month. The said order was
passed by this Court on 30.5.2019. As the order was passed on
30.5.2019 and now the second petitioner is aged 5 years, I think that
the amount ordered as interim maintenance requires an enhancement
and I fix the amount as Rs.12,000/- per month. It is made clear that
the petitioner herein has to pay in total an amount of Rs.12,000/- per
month to the respondents from today till disposal of the main case by
the learned Judge, Family Court, Thiruvananthapuram and the same
will be adjusted towards the amount due as maintenance if the main
petition is allowed in their favour. It is also made clear that the
respondents are at liberty to withdraw the same on such deposit.
4. The learned Judge, Family Court shall take all endeavor to
dispose of the case at the earliest.
O.P(Crl) is disposed of.
Sd/-
SHIRCY V.
smm JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE M.C.NO.7/2018 DATED
03.01.2018.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED
19.03.2019.
EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION
DATED 26.12.2018 IN C.M.P.NO.401/2018 IN
M.C.NO.7/2018.
EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED
19.03.2019.
EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE FAMILY
COURT, THIRUVANANTHAPURAM DATED 05.04.2019
IN C.M.P.NO.401/2018 IN M.C.NO.7/2018.
EXHIBIT P6 TRUE COPY OF THE PAY SLIP OF JANUARY 2019
OF THE PETITIONER.
EXHIBIT P7 TRUE COPY OF THE BANK STATEMENT FROM 1ST
JANUARY 2019 TO 6TH MARCH 2021 SHOWING THE
REMITTANCE OF THE AMOUNT FROM JUNE 2019 TO
MARCH 2021
