Balagangadharan Nair vs Sangeetha.R
2023 Latest Caselaw 9341 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
          FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                           OP(CRL.) NO. 667 OF 2023
M.P.NO.42/2022 IN M.C.NO.16/2022, DATED 16.6.2023 OF FAMILY COURT, MUVATTUPUZHA

PETITIONER/RESPONDENT:

             BALAGANGADHARAN NAIR
             AGED 37 YEARS
             S/O R.VIJAYAN NAIR, USHAS VEETIL, KOOVAPPADY KARA,
             KULICHILAKKOD P.O KODANAD VILLAGE, PERUMBAVOOR TALUK,
             ERNAKULAM DISTRICT
             BY ADVS.
             VINAY VIJAY SHANKER
             SHAHID AZEEZ


RESPONDENTS/PETITIONERS:

      1      SANGEETHA.R
             AGED 36 YEARS
             D/O RAMACHANDRAN NAIR, PADATHIL HOUSE, ONNAM MILE, AIMURY
             P.O, AIMURY VILLAGE, PERUMBAVOOR TALUK, ERNAKULAM
             DISTRICT, PIN - 683544
      2      PUNIYA
             AGED 3 1/2 YEARS (MINOR), REPRESENTED BY HER MOTHER (1 ST
             RESPONDENT) D/O. SANGEETHA R, PADATHIL HOUSE, ONNAM MILE,
             AIMURY P.O, AIMURY VILLAGE, PERUMBAVOOR TALUK, ERNAKULAM,
             PIN - 683544

      THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 667 OF 2023           2




                           JUDGMENT

Dated this the 25th day of August, 2023

This is an original petition, filed under Article 227 of the

Constitution of India and the petitioner herein impugns order

in M.P.No.42/2022 in M.C.No.16/2022, dated 16.6.2023,

whereby, the Family Court granted interim maintenance at the

rate of Rs.4,000/- per month to the 1 st respondent herein (wife)

and Rs.3,000/- per month to the 2nd respondent herein (minor

child).

2. Heard the learned counsel for the petitioner, on

admission.

3. It is submitted by the learned counsel for the

petitioner that, the order was passed in his absence and

therefore, the order impugned is liable to be set aside.

4. On perusal of the order, it could be seen that, M.C.

was filed as early in the year 2022. The case of the

respondents herein before the Family Court was that, the

petitioner herein is a person, working as Sales Manager in

'Novartics', Ernakulam, and has been earning Rs.75,000/- per

month. On this premise, Rs.10,000/- each was claimed as

maintenance and interim prayer for the said relief has been

pressed into.

5. The petitioner herein filed objection, admitting the

relationship and stating that, he had been working as Medical

Representative and was having salary of Rs.15,000/- only and

he lost his job on 11.2.2022.

6. In this matter, the Family Court granted a mere sum

of Rs.4,000/- per month to the 1st respondent herein (wife) and

Rs.3,000/- per month to the 2nd respondent herein (minor

child). In the objection, there is no contention raised by the

petitioner herein that the first respondent herein (wife) is

having any job or income or she is capable of maintaining

herself. Thus, it appears that, even if the argument mooted by

the learned counsel for the petitioner that the order was

passed in the absence of the lawyer, is having force, the

amount granted towards interim maintenance is too meagre

and the petitioner could pay the same. Therefore, there is no

necessity to interfere with the order.

Hence, this Original Petition (Criminal) is dismissed, with

liberty to the petitioner to raise this contention in the M.C., in

accordance with law.

Sd/-

A. BADHARUDEEN JUDGE

Bb

APPENDIX OF OP(CRL.) 667/2023

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF O.P.NO 966/2021 THAT IS THE PETITION FOR RESTITUTION OF CONJUGAL RIGHTS FILED BEFORE THE FAMILY COURT MUVATTUPUZHA Exhibit P2 THE TRUE COPY OF O.P.NO: 84/2022 Exhibit P3 THE TRUE COPY OF M.C.NO: 16/2022 Exhibit P4 TRUE COPY OF M.P.NO: 42/2022 Exhibit P5 THE CERTIFIED COPY OF THE ORDER IN M.P.NO:

42/2022 DATED 16/06/2023 Exhibit P6 THE CERTIFIED COPY OF THE B-DAIRY PROCEEDING SHEET IN M.C.NO -16/2022 Exhibit P7 THE TRUE COPY OF THE PROCEEDINGS FROM THE E-COURT SERVICES IN O.P NO: 966/2021 Exhibit P8 THE TRUE COPY OF THE TERMINATION LETTER DATED 11/02/2022 Exhibit P9 THE TREATMENT CERTIFICATE ISSUED TO THE PETITIONER'S MOTHER FROM FAMILY HEALTH CENTRE, KODANADU THAT SHE IS A CHONIC DIABETIC PATIENT Exhibit P10 TRUE COPY OF THE TREATMENT SUMMARY RECEIVED FROM RAJIV GANDHI CENTRE FOR BIOTECHNOLOGY DATED 28/05/2019 Exhibit P11 THE TRUE COPY OF THE ADVERTISEMENT PUBLISHED BY THE RESPONDENT WIFE ABOUT THE MUSIC SCHOOL RESPONDENT'S EXHIBITS NIL

//TRUE COPY//

PA TO JUDGE