Kerala High Court
Varun Rajan vs V.S. Sreelakshmi on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
RPFC NO. 237 OF 2017
AGAINST THE ORDER DATED 07.03.2017 IN M.C.NO.334/2015 OF
FAMILY COURT, THIRUVANANTHAPURAM
REVISION PETITIONER/COUNTER PETITIONER:
VARUN RAJAN,
AGED 33 YEARS, S/O. RAJAN, "SURABHI",
T.C 9/1008(1), MCR 13A, MANGALAM LANE,
SASTHAMANGALAM P.O, THIRUVANANTHAPURAM - 690 010.
BY ADVS. SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
RESPONDENTS/PETITIONERS:
1 V.S. SREELAKSHMI,
AGED 28 YEARS, D/O. B.SREEKUMAR, VASANTHASREE,
93, NEETHI NAGAR, INDHIRA NAGAR ROAD,
PEROORKADA P.O, THIRUVANANTHAPURAM - 696 005.
2 NIRUPAMA,
AGED 1½ YEARS, RESIDING AT VASANTHASREE,
93,NEETHI NAGAR, INDHIRA NAGAR ROAD,
PEROORKADA P.O,THIRUVANANTHAPURAM - 696 005.
(REPRESENTED BY HER MOTHER (1ST RESPONDENT.)
BY ADVS. SRI.G.BIJU
SRI.M.RAJAGOPALAN NAIR
THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY
HEARD ON 29.10.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
R.P.(F.C). No.237 of 2017
-:2:-
ORDER
Dated this the 29th day of October, 2021
When this revision was taken up for consideration, the
learned counsel for the revision petitioner submitted that
I.A.No.2768/2019 filed jointly seeking dissolution of marriage
under Section 13B of the Hindu Marriage Act, 1955 was
allowed and O.P.No.495/2015 also allowed granting a decree
for dissolution of marriage on it's basis. Annexure A2 is the
Term Deposit Advice issued from Federal Bank,
Thiruvananthapuram Branch wherefrom it is convinced that a
sum of Rs.7,00,000/- has been made in term deposit in
Federal Bank in favour of the minor child.
2. The revision on hand is filed challenging the order
passed by Family Court, Thiruvananthapuram (for short 'the
court below') on 07.03.2017 in M.C.No.334/2015 and seeking
to set aside the order. M.C.No.334/2015 was filed by the
R.P.(F.C). No.237 of 2017
respondents before the court below seeking for monthly
maintenance allowance for the 1st respondent and her minor
child. The court below on being convinced that the
respondents are entitled to get monthly maintenance
allowance from the revision petitioner, fixed the sum payable
respectively to each of them as Rs.8,000/- and Rs.5,000/-.
The 1st respondent being the next friend was also ordered to
receive the amount for and on behalf of the minor child until
the latter attains the age of majority. That order is assailed in
the revision on hand.
3. During pendency of the revision on hand, several
developments occurred whereby the parties to the M.C
obtained a decree for dissolution of marriage on mutual
consent, particularly evidenced from Annexure A1 produced
with the revision on hand. It is further evidenced from
Annexure A2 that a term deposit for Rs.7,00,000/- was made
in favour of the minor child.
R.P.(F.C). No.237 of 2017
4. It is submitted by the learned counsel for the
respondents that monthly maintenance allowance payable by
the impugned order did not stand in arrears. According to the
learned counsel, the respondents also intent to have the
impugned order set aside as the marriage is dissolved and a
lumpsum amount towards maintenance of the child is
deposited by the revision petitioner.
In the above circumstances, R.P.(F.C) is allowed and the
order passed by Family Court, Thiruvananthapuram in M.C
No.334/2015 is set aside.
sd/-
MARY JOSEPH,
JUDGE
NAB
R.P.(F.C). No.237 of 2017
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE PHOTOSTAT COPY OF THE JUDGMENT
RENDERED IN I.A.NO.2768 OF 2019 IN
O.P.NO.495 OF 2015 WAS ALLOWED BY THE
FAMILY COURT, THIRUVANANTHAPURAM ON
17.12.2019
ANNEXURE A2 THE COPY OF THE FD RECEIPT (TERM DEPOSIT
ADVICE) CUSTOMER ID 27575132,
A/C.NO.217803000010768 DATED 29TH
NOVEMBER, 2019 FEDERAL BANK,
SASTHAMANGALAM BRANCH
ANNEXURE A3 TRUE PHOTOSTAT COPY OF THE AFFIDAVIT IN
LIEU OF CHIEF EXAMINATION, DATED
07.12.2019.
RESPONDENTS' ANNEXURES: NIL
//TRUE COPY//
P A TO JUDGE
