Kerala High Court
Vishnu vs Renjini on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
OP(CRL.) NO. 331 OF 2021
AGAINST THE ORDER DATED 29.03.2021 IN C.M.P.NO.195(a)/2020 IN MC
147/2020 OF FAMILY COURT, KOLLAM
PETITIONER/RESPONDENT:
VISHNU
AGED 42 YEARS,
S/O. MURALEEDHARAN, PURAVOOR HOUSE, THUVANNOOR DESAM,
CHUNDAL VILLAGE, KUNNAMKULAM, THRISSUR
BY ADVS.
SMT.TISSY ROSE K CHERIYAN
SMT.KEERTHANA.V
RESPONDENTS/PETITIONERS:
1 RENJINI
AGED 33 YEARS,
W/O. VISHNU, RENJINI MANDIRAM, KALLUVATHUKKAL P.O,
KALLUVATHUKKAL, KOLLAM -691 026
2 AADHINATH
AGED 4 YEARS,
S/O. VISHNU, RENJINI MANDIRAM, KALLUVATHUKKAL P.O,
KALLUVATHUKKAL, KOLLAM-691 026
(REPRESENTED BY THE MOTHER RENJINI 1ST RESPONDENT)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl)No.331 of 2021
2
JUDGMENT
Dated this the 13th day of September, 2021
This Original Petition is filed under Article 227 of the Constitution
of India seeking to quash Ext.P4 order dated 29.03.2021 in
Crl.M.P.No.195(a)/2020 in M.C.No.147/2020 of Family Court, Kollam
(for short, 'the court below').
2. Petitioner is the respondent in Crl.M.P.No.195 (a)/2020 in
M.C.No.147/2020. The contention of the learned counsel for the
petitioner was that while passing the impugned order in
Crl.M.P.No.195(a)/2020, the court below failed to consider the
contentions raised by him as respondent in the counter statement filed
in the M.C. According to the learned counsel, in his counter statement
the 1st petitioner was alleged as doing an online work in Medical
Transcription and getting sufficient income for her maintenance. It
was also contended in the counter statement that petitioner is not
earning income as averred by the respondent in the M.C. Even though
contentions of the nature were taken, denying opportunity to the
respondent to adduce evidence in that regard, the impugned order
O.P.(Crl)No.331 of 2021
was passed by the court below. Accordingly, a direction to the court
below to grant an opportunity to the petitioner to adduce evidence to
establish the contentions after setting aside the impugned order, is
sought.
3. True that in the counter affidavit filed, the petitioner has
raised a contention that the 1st respondent was doing online Medical
Transcription and getting Rs.20,000/- monthly. A contention that the
petitioner was getting only 3,650/- UAE Dirhams and 1000/- Dirhams
out of that is spent to meet his personal expenses in UAE was also
taken. But it is pertinent to note that alongwith the counter
statement, materials to establish the contentions have not been
produced by the petitioner before the court below. If the contentions
had any merits, undoubtedly, documents to establish those would
have been produced by the petitioner alongwith the counter
statement.
4. 3rd proviso to Sub Section (1) of Section 125 Cr.P.C
provides that application for interim maintenance allowance shall be
disposed of within 60 days from the date of service of notice of the
application to the respondent. Therefore, the court is bound to pass an
O.P.(Crl)No.331 of 2021
order granting interim maintenance allowance within 60 days from the
date on which notice is served on the respondent. Documents
proposed to be adduced are not even produced before this Court to
convince of the veracity of the submissions. The order being passed
by court below duly considering the materials available for it, this
Court is hesitant to interfere with it.
O.P.(Crl.) fails and is dismissed.
Sd/-
MARY JOSEPH
JUDGE
MJL
O.P.(Crl)No.331 of 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION M.C 147/2021
PENDING BEFORE THE FAMILY COURT AT KOLLAM
EXHIBIT P1 (a) TRUE COPY OF THE INTERIM MAINTENANCE
PETITION NO. CMP NO 195(a)/2020 IN M.C
147/2021 BEFORE THE FAMILY COURT AT KOLLAM
EXHIBIT P2 TRUE COPY OF THE ASSETS AND LIABILITIES
STATEMENT OF THE PETITIONER
EXHIBIT P2(a) TRUE COPY OF THE ASSETS AND LIABILITIES
STATEMENT OF THE RESPONDENT
EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER HEREIN DATED 27-03-2021 IN M.C
147/2020 OF THE FAMILY COURT, KOLLAM
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 29-03-2021 IN
C.M.P NO. 195(a)/2020 IN M.C 147/2020 OF
THE FAMILY COURT, KOLLAM
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P A TO JUDGE
