Dileepkumar M.V vs Chalil Puthanpurayil Raseena
2023 Latest Caselaw 141 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  FRIDAY, THE 6TH DAY OF JANUARY 2023/16TH POUSHA, 1944
                 OP(CRL.) NO.653 OF 2022
  AGAINST THE ORDER/JUDGMENT DATED 21.03.2022 IN C.M.P.
 No.180/2022 IN MC 278/2020 OF FAMILY COURT, THALASSERY
PETITIONER/RESPONDENT/RESPONDENT:

         DILEEPKUMAR M.V., AGED 41 YEARS,
         S/O.GOVINDAN, REENALAYAM HOUSE, KOOTERY POYYIL,
         MUTHIYANGA P.O., KANNUR DISTRICT, PIN- 670691.
         REPRESENTED BY HIS P/A HOLDER,
         M.V.REENA, AGED 45 YEARS,
         W/O.DINESHAN,
         RESIDING AT KOMBAN HOUSE, KARIKKANKULAM,
         PAPPINISSERY WEST P.O., KANNUR - 670565.

         BY ADVS.
         P.T.ABHILASH
         P.V.MIDHUN
RESPONDENTS/PETITIONERS/PETITIONERS:
    1     CHALIL PUTHANPURAYIL RASEENA,
          AGED 38 YEARS, D/O.ERAMU, SREEVALSAM HOUSE,
          PATTAYAM P.O., KANNUR DISTRICT, PIN - 670571.

    2    NEDHYA M.V., (MINOR), AGED 15 YEARS,
         D/O. DILEEPKUMAR M.V.,
         REP BY MOTHER AND GUARDIAN,
         CHALIL PUTHANPURAYIL RASEENA,
         SREEVALSAM HOUSE, PATTAYAM P.O.,
         KANNUR DISTRICT, PIN - 670571.

    3    NITHA M.V., (MINOR), AGED 11 YEARS,
         D/O. DILEEPKUMAR M.V.,
         REP BY MOTHER AND GUARDIAN,
         CHALIL PUTHANPURAYIL RASEENA,
         SREEVALSAM HOUSE, PATTAYAM P.O.,
         KANNUR DISTRICT, PIN - 670571.

         BY ADVS.
         M.ANUROOP
         K.SUJITH MOHAN(K/000093/2010)
         A.M.BABU(B-345)

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(Crl.) No.653 of 2022
                               2




                       JUDGMENT

This is an original petition filed under

Article 226 & 227 of the Constitution of India

by the petitioner, who is the respondent in

C.M.P. No.180/2022 in M.C..No.278/2020 before

the Family Court, Thalassery, challenging

Ext.P4 order viz., order in C.M.P. No.180/2022

in M.C..No.278/2020 of Family Court,

Thalassery dated 21.03.2022.

2. As per the interim order, the learned

Family Court Judge granted interim maintenance

to respondents 1 to 3 herein at the rate of

Rs.4,000/- each per month.

3. On 30.11.2022, while hearing the matter

on admission this Court passed an interim order

directing the original petitioner to deposit

Rs.4,000/- each to respondents 2 and 3 while

keeping the order to pay interim maintenance

against the 1st respondent in abeyance. OP(Crl.) No.653 of 2022

4. Today, it is submitted by the learned

counsel for the petitioner that he is not aware

about the compliance of interim order.

5. Learned counsel for the respondents

also would submit that the interim order has

not been complied.

6. Heard the matter on merits.

7. In this matter, going by the

description of the name of the revision

petitioner in the cause title of the interim

order, this case has been conducted by a Power

of Attorney holder and it not in dispute that

at present the petitioner has been working

abroad. The order has been passed since no

representation for the respondent and no

counter filed. Since the petitioner is not even

ready to deposit interim maintenance to the

minors as ordered by this Court, it has to be

observed that he is reluctant to pay

maintenance amount even to the children.

8. Going by the order impugned, the OP(Crl.) No.653 of 2022

learned Family Court Judge granted Rs.4,000/-

each as maintenance, as against the claim of

Rs.10,000/- each. Since the respondent has been

working abroad and he did not file any

objection, while interim maintenance plea was

pressed into by the respondents herein, it

could not be held that Rs.4,000/- each granted

by the Family Court as interim maintenance, is

on higher side.

Therefore, interim order does not require

any interference.

Accordingly, this O.P.(Crl.) is dismissed.

Sd/-

A.BADHARUDEEN, JUDGE.

ww OP(Crl.) No.653 of 2022

APPENDIX OF OP(CRL.) 653/2022

PETITIONER'S EXHIBITS:

EXHIBIT-P1 PHOTO COPY OF THE M.C. NO.278/2020 FILED BY THE 1ST RESPONDENT DATED 09.10.2020 BEFORE THE HON'BLE FAMILY COURT, THALASSERY.

EXHIBIT-P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER DATED NIL BEFORE THE LEARNED FAMILY COURT, THALASSERY.

EXHIBIT-P3 PHOTOCOPY OF THE NOTARIZED COPY OF THE POWER OF ATTORNEY EXECUTED BY DILEEPKUMAR M.V. IN FAVOUR OF M.V. REENA DATED 14.09.2020.

EXHIBIT-P4 CERTIFIED COPY OF THE ORDER PASSED BY THE HON'BLE FAMILY COURT, THALASSERY IN CMP NO.180/2022 IN M.C.278/2020 DATED 21.03.2022.