Kerala High Court
Rajeesh vs Archana on 18 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
OP (FC).No.161 OF 2021
AGAINST THE ORDER IN I.A.NO.3/2020 IN O.P.NO.573/2014
OF FAMILY COURT, OTTAPPALAM
------
PETITIONER/S:
1 RAJEESH, S/O.JANARDHANAN, ALIKKALPARAMBIL HOUSE,
LAKKIDI P.O., PALAKKAD DISTRICT-679 301,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER,
JANARDHANAN, S/O.RAMASWAMY KURUKKAL,
AGED 72 YEARS, ALIKKALPARAMBIL HOUSE,
LAKKIDI P.O., PALAKKAD DISTRICT-679 301.
2 JANARDHANAN, AGED 72 YEARS,
S/O.RAMASWAMY KURUKKAL,
ALIKKALPARAMBIL HOUSE, LAKKIDI P.O.,
PALAKKAD DISTRICT-679 301.
3 RAGINI, AGED 68 YEARS,
W/O.JANARDHANAN, ALIKKALPARAMBIL HOUSE,
LAKKIDI P.O., PALAKKAD DISTRICT-679 301.
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENT/S:
ARCHANA, AGED 40 YEARS,
D/O.SIVASANKARAN, ARCHANA NIVAS,
THRITHALATHODY, MANISSERY P.O.,
OTTAPPALAM TALUK, PALAKKAD-679 521.
BY ADV. SRI.K.ABOOBACKER SIDHEEQUE
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 18.03.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No.161/2021 2
JUDGMENT
Dated this the 18th day of March 2021
A.Muhamed Mustaque, J.
This Original Petition was filed challenging
Ext.P5 order. On account of non-payment of
maintenance, the Family Court ordered striking off the
pleadings. It is challenging this, the petitioners
have approached this Court. This Court on 03.03.2021
passed the following interim order:
"Admit. Issue notice to the respondent.
Simultaneously, the petitioners shall serve notice to
the respondent through the counsel appearing for the
respondent before the Family Court, Ottapalam in
O.P.No.573/2014.
The impugned order, ordering striking of the
pleadings of the petitioners on default of non-
payment of maintenance is stayed on condition that
the petitioners shall pay a sum of Rs.10,000/-
(Rupees ten thousand only) within a period of ten
days."
2. The learned counsel for the petitioners
submitted that they may be permitted to discharge the
maintenance arrears in monthly instalments. The
learned counsel for the respondent opposed. Taking
note of the facts and circumstances, we are of the
view that the petitioners can be allowed to clear the
maintenance arrears on the following conditions:
i. The petitioners shall pay the maintenance
arrears along with the current maintenance payable in
six instalments on or before 10th day of every month
commencing from next month onwards.
ii. If the petitioners commit default in making
anyone of the instalments, the benefit of the
instalment facility will not be available to them.
iii. If the petitioners comply with the above
conditions, they are permitted to contest the matter
and the court shall not enforce the order of striking
off the pleadings.
The Original Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
ln
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 03.04.2017 IN
IA NO.1623/2016 IN OP NO.573/2014 ON THE
FILE OF THE FAMILY COURT, OTTAPPALAM.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 22.05.2019
IN OP(FC) NO.281/2017.
EXHIBIT P3 TRUE COPY OF IA NO.3/2020 FILED BY THE
RESPONDENT ON THE FILE OF THE FAMILY COURT,
OTTAPPALAM.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 31.08.2016 IN
MC NO.169/2014.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 08.02.2021 IN
IA NO.3.2020 IN OP NO.573/2014 ON THE FILE
OF THE FAMILY COURT, OTTAPPALAM.
RESPONDENT'S EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
