Kerala High Court
Baiju. S vs Suraja S.R on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
OP(CRL.) NO. 361 OF 2023
AGAINST THE ORDER IN CRL.M.P. NO.395/2022 IN M.C. NO.331/2020
DATED 10.02.2023 ON THE FILES OF THE FAMILY COURT, KOLLAM
PETITIONER/RESPONDENT/RESPONDENT:
BAIJU. S
AGED 47 YEARS
S/O SHANMUKHAN CHETTIYAR, ANIL BHAVAN, OONNANKALLU,
KUMMIL P.O, KADAKKAL VILLAGE, KOTTARAKKARA TALUK,
KOLLAM, PIN - 691536
BY ADV V.A.VINOD
RESPONDENTS/PETITIONERS/PETITIONERS:
1 SURAJA S.R
AGED 41 YEARS, D/O RAJENDRAN, SURAJA BHAVAN,
Y-NAGAR 88, ERAVIPURAM P.O, MUNDAKKAL VILLAGE,
KOLLAM TALUK, KOLLAM, PIN - 691011
2 SRAYANA S. BAIJU (MINOR)
AGED 13 YEARS, D/O SURAJA S.R, SURAJA BHAVAN,
Y-NAGAR 88, ERAVIPURAM P.O, MUNDAKKAL VILLAGE,
KOLLAM TALUK, KOLLAM, PIN - 691011
3 SRIJIN.B.S (MINOR)
AGED 9 YEARS, D/O SURAJA S.R, SURAJA BHAVAN,
Y-NAGAR 88, ERAVIPURAM P.O, MUNDAKKAL VILLAGE,
KOLLAM TALUK, KOLLAM - 691011
(2ND AND 3RD PETITIONERS ARE REPRESENTED BY NEXT
FRIEND AND MOTHER 1ST PETITIONER, SURAJA S.R)
BY ADV ALEXANDER GEORGE
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl)No. 361 of 2023
2
JUDGMENT
Dated this the 23rd day of August, 2023
This original petition (criminal) has been filed
under Article 227 of the Constitution of India to set aside
Ext.P4 order viz. order in Crl.M.P. No.395/2022 in M.C.
No.331/2020 dated 10.02.2023. As per which the Family
Court granted interim maintenance at the rate of Rs.5,000/-
each to the respondents herein (total Rs.15,000/-).
2. Heard the learned counsel for the petitioner and
the learned counsel appearing for the respondents.
3. The learned counsel for the petitioner submitted
that the petitioner is aggrieved in the matter of grant of
interim maintenance to the 1st respondent herein since she
has been practicing as a lawyer and earning sufficient
income to maintain herself. Therefore, the impugned order
deserves interference at the hands of this Court is the
submission of the learned counsel for the petitioner.
4. Whereas the learned counsel for the respondents
would submit that even though the 1st respondent is an
advocate by profession, she has no income and she is laid
O.P.(Crl)No. 361 of 2023
up after a surgery.
5. Since the income of the 1st respondent as an
advocate is the matter in dispute, the same can be decided
by the Family Court on evidence in the M.C. Therefore, I am
inclined to modify the order confining payment of interim
maintenance to respondents 2 and 3 at the rate of
Rs.5,000/- per month from the date of Crl.M.P. No.395/2022
till disposal of the M.C. by the Family Court.
6. Therefore, there shall be a direction to the
petitioner to clear the entire arrears, at the above rate,
granted in favour of respondents 2 and 3 herein within a
period of one month from today. Failing which the
respondents can proceed under law and the Family Court
shall enforce the order to realize the amount.
The original petition (criminal) stands allowed as
indicated above.
Sd/-
A. BADHARUDEEN
SK
JUDGE
O.P.(Crl)No. 361 of 2023
APPENDIX OF OP(CRL.) 361/2023
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE M.C NO 331/2020 PENDING ON
THE FILES OF HON'BLE FAMILY COURT, KOLLAM
EXHIBIT P2 TRUE COPY OF THE CRL M.P NO 395/2022 IN
MC NO 331/2020 ON THE FILES OF THE HON'BLE
FAMILY COURT, KOLLAM
EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER TO CRL M.P NO 395/2022 IN MC NO
331/2020 ON THE FILES OF THE HON'BLE FAMILY
COURT, KOLLAM
EXHIBIT P4 TRUE COPY OF THE ORDER IN CRL M.P NO
395/2022 IN MC NO 331/2020 DATED 10.02.2023
ON THE FILES OF THE HON'BLE FAMILY COURT,
KOLLAM
RESPONDENTS' EXHIBITS :
EXHIBIT R(1)(A) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED
BY THE VICTORIA HOSPITAL KOLLAM DATED
16.5.2022
