Arathi Nair vs Prameela
2021 Latest Caselaw 23755 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
   TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                        OP(CRL.) NO. 456 OF 2021
    AGAINST THE ORDER DATED      18.10.2021 IN M.P.NO.378/2021 IN
            M.C.NO.172/2021 OF FAMILY COURT, IRINJALAKUDA


PETITIONER/RESPONDENT:

            ARATHI NAIR,
            AGED 38 YEARS,
            D/O.K.RAVEENDRAN NAIR, INDIVARAM,
            CHIRANGALAM, KELLETTUMKARA, IRINJALAKUDA,
            THRISSUR NOW RESIDING AT VINUVIHAR,
            PALLIPPURAM P.O., CHERTHALA, ALAPPUZHA,PIN-688 541
            BY ADV K.RAMANADHAN


RESPONDENT/PETITIONER:

            PRAMEELA.P,
            65 YEARS,W/O.RAVEENDRAN NAIR, INDEEVARAM, ALOOR
            VILLAGE, MUKUNDAPURAM VILLAGE DESAM, KALLETTUMKARA,
            THRISSUR DISTRICT NOW RESIDING AT C/O. SURESHKUMAR,
            INDEEVARAM, ALOOR VILLAGE, MUKUNDAPURAM VILLAGE DESAM,
            KALLETTUMKARA P.O., THRISSUR DISTRICT,
            KERALA STATE-680 683
     THIS   OP     (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.) No.456 of 2021

                                    2




                             JUDGMENT

Dated this the 30th day of November, 2021

The Original Petition is filed seeking to set aside an order

passed by Family Court, Irinjalakuda (for short 'the court

below') granting interim maintenance allowance and to direct

that court to provide sufficient opportunity to the petitioner to

file her objections in M.P.No.378/2021 in M.C.No.172/2021

pending on it's files.

2. Parties to this O.P(Crl.) will hereinafter be referred to

as the petitioner and the respondent in accordance with their

status in the M.P. before the court below.

3. A report is called for from the court below. The

Judicial Officer concerned has reported that M.C was filed on

24.09.2021 and was posted for appearance of the respondent

to 18.10.2021. Notice was served on the respondent, but she

remained absent. Interim maintenance allowance was allowed

by an order passed in M.P.No.378/2021 on the day itself duly

considering the affidavit filed by the petitioner wherein it was O.P.(Crl.) No.456 of 2021

stated that the respondent was an officer of Malabar Cements

and getting Rs.1,00,000/- monthly as salary. According to him,

since the respondent has not turned up after receipt of the

notice on the day scheduled for her appearance and failed to

file a counter statement that M.P. was considered on the day

itself and an order was passed granting Rs.5,000/- as interim

maintenance allowance.

4. In the order under challenge only a meagre sum of

Rs.5,000/- was ordered as interim maintenance allowance that

too, in favour of a hapless lady aged 65 years. Moreover by the

interim order, an aged mother was allowed to receive

Rs.5,000/- as monthly maintenance allowance from a daughter

employed and therefore this Court finds no reason to interfere

with. The respondent would get opportunity to file counter

statement and documents to substantiate her contentions in

the M.C wherein a final order is yet to be passed. The court

below shall grant reasonable opportunity to the respondent to

file her counter statement and adduce relevant evidence before

passing any final orders in the M.C. O.P.(Crl.) No.456 of 2021

With the above observations, the O.P(Crl.) stands

disposed of.

sd/-

MARY JOSEPH JUDGE NAB O.P.(Crl.) No.456 of 2021

APPENDIX OF OP(CRL.) 456/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE MC 172/2021 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA EXHIBIT P2 THE TRUE COPY OF THE INTERIM MAINTENANCE APPLICATION MP 378/2021 IN MC 172/2021 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, IRINJALAKUDA EXHIBIT P3 THE COPY OF THE NOTICE ISSUED FORM THE FAMILY COURT, IRINJALAKUDA IN MC 172/2021 CALLING UPON THE PETITIONER HEREIN TO ATTEND THE FAMILY COURT, ON 18.10.2021

EXHIBIT P4 THE TRUE COPY THE VAKALATH FILED BY THE PETITIONER HEREIN MC 172 ON 16.10.2021 WITH CF NO.7105/21

EXHIBIT P5 THE TRUE COPY OF THE LIST OF CASES THAT WERE TO BE CALLED BEFORE THE FAMILY COURT, IRINJALAKUDA ON 18.10.2021 THAT WAS PUBLISHED

EXHIBIT P6 THE TRUE COPY OF THE LIST OF CASES THAT WERE TO BE CALLED BEFORE THE C.M.O.(CHIEF MINISTERIAL OFFICER ) OF FAMILY COURT IRINJALAKUDA ON 18.10.2021

EXHIBIT P7 THE TRUE COPY OF THE ORDER IN MP 378/2021 DATED 18.10.2021 IN MC 172/201 BY THE FAMILY COURT IRINJALAKUDA

EXHIBIT P8 THE TRUE COPY OF MP 426/2021 FILED BY THE COUNSEL FOR THE RESPONDENT WITHOUT SERVING COPY TO THE PETITIONERS COUNSEL TO CALL THE CASE IN OPEN COURT, DATED 16.10.2021

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P A TO JUDGE