Ranaprathap vs Priyanka
2023 Latest Caselaw 192 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.10 OF 2023

  AGAINST THE ORDER/JUDGMENT IN CRL.M.A.187/2021 IN MC
            181/2020 OF FAMILY COURT, CHAVARA
PETITIONER/RESPONDENT:

            RANAPRATHAP, AGED 41 YEARS, S/O.PUSHKARAN,
            ELANJIKKALVEEDU, PADANAYARKULANGARA NORTH,
            KARUNAGAPPALLY, KOLLAM - 690518.

            BY ADVS.
            U.BALAGANGADHARAN
            R.PRADEEP KUMAR

RESPONDENTS/PETITIONERS:

    1       PRIYANKA, AGED 31 YEARS, D/O.PADMINI,
            KAUTHUBHAM, CHANGANKULANGARA, OACHIRA P.O.,
            KARUNAGAPPALLY - 690526.

    2       HRISHIKESH, AGED 6 YEARS, S/O.PRIYANKA ,
            KAUTHUBHAM, CHANGANKULANGARA, OACHIRA P.O.,
            KARUNAGAPPALLY - 690526.

            BY ADV. SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR


        THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.01.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(Crl.) No.10 of 2023
                                  2




                           JUDGMENT

This original petition has been filed

under Article 227 of the Constitution of

India by the petitioner, who is the

respondent in Crl. M.P.No.187/2021 in

M.C.No.181/2021 before the Family Court,

Chavara, challenging Ext.P3 order viz., order

in Crl. M.P.No.187/2021 in M.C..No.181/2021

of Family Court, Chavara dated 30.06.2022.

The petitioner is the respondent in the above

case. The respondents herein are the

petitioners in the above M.C.

2. The respondents herein, who are the

wife and minor child aged 6 years, had filed

petition for maintenance under Section 125(1)

of Code of Criminal Procedure before the

Family Court, Chavara and pressed for

maintenance at the rate of Rs.15,000/- each

along with the main petition. Interim OP(Crl.) No.10 of 2023

application seeking interim maintenance till

the disposal of the M.C. also has been filed.

3. The respondent filed objection stating

that the petitioner herein had been working as

Driver in Border Road Organisation (BRO) and

his parents are suffering from age old

disease. So that the petitioner had been

paying Rs.6,000/- for their medical expenses.

Further, he had been paying Rs.20,000/-

towards housing loan instalments at LIC HFL.

4. After considering the objection raised

by the petitioner herein, Family Court granted

Rs.5,000/- each as interim maintenance. The

learned Family Court Judge observed that the

1st respondent herein is justified in living

separately and the petitioner had sufficient

means to pay maintenance.

5. In this matter, admittedly the

petitioner herein has been working in BRO.

According to the respondents, the petitioner

has been getting Rs.45,000/- per month as OP(Crl.) No.10 of 2023

income. The said fact is not disputed in the

objection. Family court ordered only

Rs.5,000/- each as maintenance (i.e., total

Rs.10,000/-). Since the petitioner herein, who

admittedly working in BRO and getting a fair

salary, could easily pay Rs.10,000/- per month

for the maintenance of the respondents.

Therefore, the said amount is very reasonable

and does not require any interference.

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

Sd/-

A.BADHARUDEEN, JUDGE.

ww OP(Crl.) No.10 of 2023

APPENDIX OF OP(CRL.) 10/2023

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE MC 181/2020 BEFORE THE HON'BLE FAMILY COURT CHAVARA.

EXHIBIT P2 A TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER IN CRLMP NO.187/21 IN MC 181/2020 BEFORE THE HON'BLE FAMILY COURT CHAVARA.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 30.06.2022 IN CRL MP 187/21 IN M C 181/20 OF HON'BLE FAMILY COURT, CHAVARA.