Kerala High Court
Nithish Raj vs Harsha Lal on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 12TH DAY OF JANUARY 2023/22ND POUSHA, 1944
OP(CRL.) NO.560 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 30.06.2022 IN
CRL.M.P.NO.251/2022 IN M.C. NO.190/2021 OF FAMILY COURT,
CHAVARA
PETITIONER/RESPONDENT:
NITHISH RAJ, AGED 30 YEARS,
SON OF NADARAJAN VASUVAN,
THANAL, OLAKETTYAMBALAM, ALAPPUZHA,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER
NADARAJAN VASUDEVAN, AGED 61 YEARS,
SON OF VASUDEVAN, RESIDING AT THANAL,
OLAKETTY AMBALAM P.O, ALAPPUZHA,
KERALA, PIN - 690510.
BY ADVS.
M.T.SURESHKUMAR
SHRI.R.RANJITH, SC
SMITHA PHILIPOSE
P.R.JAYASANKAR
DARSAN SOMANATH
MANJUSHA.K
SREELAKSHMI SABU
RESPONDENTS/PETITIONERS:
1 HARSHA LAL, AGED 29 YEARS, DAUGHTER OF LAL,
MALINI, ADINADU NORTH, ADINADU NORTH P.O,
KOLLAM, KERALA, PIN - 690542.
2 NAYRAH HARSHA, AGED 16 YEARS,
DAUGHTER OF NITHISH RAJ, ADINADU NORTH,
ADINADU NORTH P.O, KOLLAM, KERALA, PIN - 690542.
(2ND RESPONDENT IS MINOR REPRESENTED BY MOTHER,
1ST RESPONDENT)
BY ADVS.
SMT.NURIYA
SMT.REVATHY P. MANOHARAN(K/000669/2014)
SRI.ASHEEK ANTONY(K/001298/2021)
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(Crl.) No.560 of 2022
2
JUDGMENT
Dated, this the 12th January, 2023
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.251/2021 in
M.C.No.190/2021 before the Family Court,
Chavara, challenging Ext.P4 order dated
30.06.2022, passed in the above petition.
2. As per the order, the learned Family
Court Judge granted interim maintenance at the
rate of Rs.10,000/- per month to the 1 st
respondent and Rs.5,000/- per month to the 2nd
respondent, who are the wife and child of the
original petitioner.
3. Heard the learned counsel for the
petitioner and the respondents.
4. The respondents herein had approached
the Family Court and sought for allowance of
maintenance. According to the respondents, the
OP(Crl.) No.560 of 2022
petitioner herein had been employed abroad as
a Mechanical Engineer (Quality Analyser) in
Abu Dhabi Emirates, Defence department and had
been earning sufficient income to grant
interim maintenance at the rate of
Rs.25,000/-.
5. The petitioner herein filed objection
and resisted the interim maintenance
application on the submission that he had no
income as alleged or otherwise, and the
petitioner had been in search of an employment
abroad.
6. In this matter, admittedly, the
petitioner is a Mechanical Engineer by
profession and according to the respondents,
he has been working as a Quality Analyser in
Abu Dhabi. Though it is contended by the
petitioner that he lost the job and he is in
search of job, that cannot be a reason to deny
the interim maintenance. Noting this aspect,
the learned Family Court granted Rs.10,000/-
OP(Crl.) No.560 of 2022
as maintenance to the 1st petitioner and
Rs.5,000/- as maintenance to the 2 nd
petitioner.
7. It is submitted by the learned counsel
for the petitioner that the petitioner is
ready to continue payment of maintenance at
the rate of Rs.5,000/- each, as ordered by
this Court as per interim order dated
01.11.2022. Whereas the said suggestion was
opposed by the learned counsel for the
respondents on the submission that the
petitioner has been working as Mechanical
Engineer at present also in Dubai Defence
Department and the story that he lost his job
etc., are incorrect.
8. In fact, disposal of the M.C., on
merits, based on the evidence to be adduced,
would decide what actually is the quantum of
compensation entitled by the respondents
herein.
9. However, as an interim arrangement, I
OP(Crl.) No.560 of 2022
am inclined to grant Rs.7,500/- as maintenance
to the 1st respondent and Rs.5,000/- as
maintenance to the 2nd respondent and the
impugned order stands modified accordingly,
with direction to the petitioner to deposit
the amount and to continue payment of interim
maintenance at the said rate till disposal of
the M.C. by the Family Court.
Accordingly, this O.P.(Crl.) stands
allowed in part.
Sd/-
A.BADHARUDEEN, JUDGE.
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OP(Crl.) No.560 of 2022
APPENDIX OF OP(CRL.) 560/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION IN M.C.NO.
190 OF 2021 DATED 1.11.2021.
EXHIBIT P2 TRUE COPY OF THE CRL. MP NO.251 OF
2022 IN MC NO.190 OF 2021 ON THE FILE
OF HONOURABLE FAMILY COURT CHAVARA
DATED 28.3.2022.
EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER IN CRL.M.P.NO.251 OF
2022.
EXHIBIT P4 CERTIFIED COPY OF THE ORDER DATED
30.6.2022 IN CRL.M.P.NO.251 OF 2022 IN
MC NO.190 OF 2021 PENDING ON THE FILE
OF FAMILY COURT, CHAVARA.
