Jaison Peter vs Lealin Job
2023 Latest Caselaw 424 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
        THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA,
                          1944
                OP(CRL.) NO. 568 OF 2022
 AGAINST THE ORDER IN MP NO.28/2019 IN MC NO.8/2019 OF
        FAMILY COURT, ERNAKULAM DATED 06.02.2020
PETITIONER/RESPONDENT:

         JAISON PETER
         AGED 44 YEARS
         S/O. LATE PETER,
         PALLIYAN HOUSE, PADIVATTOM,
         EDAPALLY PO, KOCHI,
         PIN - 682025
         BY ADVS.
         V.R.GOPU
         ADIL.M.H
         URMILA.M.G


RESPONDENT/S:

    1    LEALIN JOB
         AGED 35 YEARS
         D/O.K.V.JOHN, ,
         KAITHAKAACHIRA HOUSE, ERAMALLORE.P.O.,
         CHERTHALA, ALAPPUZHA,
         NOW RESIDING AT
         SHALOM APARTMENTS, 1ST FLOOR,
         NEAR RELIANCE FRESH, PONNURUNNI,
         VYTTILA.P.O., KOCHI-682019.
         , PIN - 682019
    2    ISHA ANN MARY,
         D/O.JAISON PETER
         AGED 9 YEARS
         MINOR REPRESENTED BY MOTHER AND GUARDIAN
         LEALIN JOB, KAITHAKAACHIRA HOUSE,
         ERAMALLORE.P.O., CHERTHALA,
         ALAPPUZHA, NOW RESIDING AT
 O.P.(Crl.)No.568 of 2022
                               ..2..




             SHALOM APARTMENTS, 1ST FLOOR,
             NEAR RELIANCE FRESH, PONNURUNNI,
             VYTTILA.P.O., KOCHI-682019



             BY SMT.P.SAREENA GEORGE,
             SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR



       THIS CRIMINAL REVISION PETITION HAVING COME UP
FOR ADMISSION ON 11.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.)No.568 of 2022
                                  ..3..




                           A.BADHARUDEEN, J.

      --------------------------------------------------------
                      O.P.(Crl.)No.568 of 2022
      --------------------------------------------------------
          Dated this the 11th day of January, 2023


                             JUDGMENT

This original petition has been filed under Article

227 of the Constitution of India, challenging Ext.P2 order

whereby, the learned Family court, Ernakulam granted interim

maintenance to the tune of Rs.4,000/- per month to the

second respondent minor herein.

2. Heard both sides. Adv.Smt.P.Sareena George

appeared for the respondents.

3. On perusal of Ext.P2 order, the same is to the

following effect:

"Respondent to pay Rs.4,000/- per month as interim maintenance for the time being. Counter and hearing-12.05.2020."

O.P.(Crl.)No.568 of 2022 ..4..

4. Although the order is not exhaustive, the

same would depict that the order was passed before filing

counter. Since the order is not a speaking one, I am

inclined to set aside the order to remand the matter for

fresh consideration by the Family Court, after considering

the counter, if any, at the instance of the petitioner also.

5. In the meantime, it is specifically ordered

that the petitioner shall pay interim maintenance at the rate

of Rs.3,500/- per month to the second respondent minor till

a final decision is taken in the interim petition from the date

of the petition and clear the arrears within a period of thirty

days. On failure to do so, coercive steps can go on.

In the result, this original petition is disposed of

as indicated above.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(Crl.)No.568 of 2022 ..5..

APPENDIX OF OP(CRL.) 568/2022

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PETITION IN M.P.NO.28/2019 IN M.C.NO.8/2019 ON THE FILE OF THE FAMILY COURT, ERNAKULAM DATED 7.1.2019 EXHIBIT P2 THE CERTIFIED COPY OF THE ORDER DATED 6.2.2020 IN M.P.NO.28/2019 IN M.C.NO.8/2019 ON THE FILE OF FAMILY COURT, ERNAKULAM