Vipin Das vs Sreeresmi K.S
2023 Latest Caselaw 1230 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         Wednesday, the 18th day of January 2023 / 28th Pousha, 1944
                CRL.M.APPL.NO.1/2022 IN RPFC NO. 239 OF 2022
            MC 83/2018 OF FAMILY COURT, MUVATTUPUZHA, ERNAKULAM.
PETITIONER/REVISION PETITIONER:

     VIPIN DAS, S/O GOVINDA THARAKAN, AGED 32 YEARS , PACHETH HOUSE,
     KAVALAMUKKATTA P.O., AMARAMBALAM, NILAMBUR TALUK, MALAPPURAM
     DISTRICT, 679332.

RESPONDENT/PETITIONER:

     SREERESMI K.S., D/O SANKARANKUTTY, AGED 27 YEARS, KALAVARA
     HOUSE, PAZHAMTHOTTAM P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,
     683565.

     Application praying that in the circumstances stated therein the
High Court be pleased to stay the execution of the judgment dated
16.06.2022 in M.C.83/2018 on the file of the Family Court, Muvattupuzha
pending disposal of the above Revision Petition(FC), in the interest of
justice.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/s. BINOY VASUDEVAN, SREEJITH SREENATH
& RINCY KHADER, Advocates for the petitioner and of K.RAJESH KANNAN
Advocate for the respondents, the Court passed the following:
                     A. BADHARUDEEN, J.
            ----------------------------------------
     Crl.M.A.No. 1 of 2022 in RP(FC).No. 239 of 2022
            ----------------------------------------
         Dated this the 18th day of January, 2023

                          ORDER

Heard the learned counsel for the revision

petitioner and Adv.Rajesh Kannan appearing for the

respondent.

2. The learned counsel for the revision petitioner

would submit that, the quantum of maintenance granted to

the tune of Rs.7,500/- is in dispute, as the same is

excessive. However, he conceded that during pendency of

the MC before the Family Court, the revision petitioner has

been paying Rs.5,000/- as maintenance and he has been

continuing the same without fail.

3. The learned counsel appearing for the

respondent seeks time to get instructions as to the

payment of interim maintenance and the details of arrears

thereof.

4. In view of the submission made by the learned

counsel for the revision petitioner, there shall be a direction

to the revision petitioner to clear the arrears of Crl.M.A.No. 1 of 2022 in RPFC NO. 239 OF 2022

maintenance, if any, at the rate of Rs.5,000/- (Rupees

Five Thousand Only) per month, from the date of the

maintenance petition (MC) till this date, within a period

of thirty days and and file memo to that effect. The

revision petitioner shall continue the said payment until

further orders.

5. Subject to the said payment, there shall be an

order of stay in executing the impugned order in M.C.

No.83 of 2018 on the files of the Family Court,

Muvattupuzha, for a period of one month.

Call for LCR and post for hearing after one month.

Sd/-

A. BADHARUDEEN JUDGE SK

18-01-2023 /True Copy/ Assistant Registrar