Kerala High Court
Venkit Thambi Madhan vs Sowparnika on 5 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
OP(CRL.) NO. 620 OF 2023
MC 283/2022 OF FAMILY COURT, PALAKKAD
PETITIONER/RESPONDENT/RESPONDENT:
VENKIT THAMBI MADHAN,
AGED 32 YEARS
S / O. MUTHUKUMAR, GOKULAM, BHUVANESWAR NAGAR,
ANDIPALAYAM, THIRUPPUR, PIN - 641687
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/PETITIONERS/PETITIONERS:
1 SOWPARNIKA,
AGED 26 YEARS
W/O. VENKIT THAMBI MADHAN, MANOHAR NIVAS,
KUNNATHURMEDU, PALAKKAD PIN - 678013
2 SANAV KRISHNA (MINOR)
AGED 2 YEARS
S/O. VENKIT THAMBI MADHAN, MANOHAR NIVAS,
KUNNATHURMEDU, PALAKKAD. PIN - 678013
[2ND RESPONDENT MINOR REP.BY 1ST RESPONDENT
MOTHER]
BY ADVS.SEENA C, PP
A.T.Anilkumar A.T.
V.SHYLAJA(K/1281/1995)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl).No.620/2023
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
O.P.(Crl.) No.620 of 2023
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Dated this the 05th day of September, 2023
JUDGMENT
This original petition (criminal) is filed with following
prayers:
i. Set aside the Exhibit. P2, order dated 27.06.2023
in Crl.M.P.No.1337/2022 in M.C.No. 283/2022 on
the file of the Family Court, Palakkad, so as to
secure the ends of justice.
ii. It is prayed that this Hon'ble Court may dispense
the production of English Translation of the
documents produced in the above OP(Crl.) and
Petitioner undertakes to produce the same as and
when required by this Hon'ble Court.
iii. Grant the petitioner such other appropriate
reliefs as this Hon'ble Court may deem fit and
proper on the facts and in the circumstances of
the case.
(SIC)
2. Petitioner challenged Ext.P2 order by which he was
directed to pay interim maintenance at the rate of Rs.5,000/-
and Rs.2,000/- each per month to the respondents. When this
O.P.(Crl).No.620/2023
original petition came up for consideration on 10.08.2023, this
Court passed the following order:
"Heard the learned counsel for the petitioner.
2. Issue notice to the respondents by
registered post as well as by serving copy of this
petition directly to the counsel appearing for the
respondents before the court below and file a memo to
that effect within seven days.
3. It is submitted by the learned counsel for
the petitioner that in Column No.13 of the
Maintenance Petition, the first respondent admitted
that she is having a temporary job in a Company and
has been earning Rs.10,000/- per month. Therefore,
grant of maintenance at the rate of Rs.5,000/- to the
wife as interim maintenance is excessive.
4. In column No.13, such an averment could
be gathered as pointed out by the learned counsel for
the petitioner. Therefore, the impugned order stands
stayed subject to the condition that the petitioner shall
clear the entire arrears of maintenance at the rate of
Rs.4,000/- (Rupees Four Thousand only) to the first
respondent and Rs.2,000/- (Rupees Two Thousand
only) to the second respondent per month from the
date of M.C.No.283 of 2022, till this date and clear the
arrears within a period of three weeks from today and
file memo to the effect. The petitioner shall continue to
pay interim maintenance at the rate of Rs.4,000/-
O.P.(Crl).No.620/2023
(Rupees Four Thousand only) to the first respondent
and 2,000/- (Rupees Two Thousand only) to the second
respondent per month without fail.
5. It is specifically made clear that, if the
amount as ordered by this Court is not deposited or
there is default to continue the payment within time,
there shall be no order of stay in operation and the
Family Court is at liberty to execute the impugned
order, in accordance with law, treating that no order of
stay in operation.
Post for return of notice and to ensure
compliance of the interim order on 05.09.2023.
Registry is directed to forward a copy of this
order to the Family Court concerned for information
and compliance."
3. Today, when the matter came up for consideration,
the counsel appearing for the petitioner submitted that the
directions in the interim order dated 10.08.2023 are complied.
The counsel for the respondents submitted that the amount
deposited by the petitioner based on the interim order may be
released to the respondents. I think that prayer can be allowed
and the original petition itself can be disposed of retaining the
interim order and further directing the lower court to dispose
the main case as expeditiously as possible.
O.P.(Crl).No.620/2023
Therefore, this original petition is disposed of in the
following manner:
1. The interim order dated 10.08.2023 is made
absolute.
2. The respondents are free to file application
before the lower court for releasing the amount
deposited and if such a petition is received, the
court below will forthwith disburse the amount
to the respondents subject to the final decision
in the main case.
3. The Family Court, Palakkad is directed to
dispose M.C.No.283/2022 as expeditiously as
possible.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
O.P.(Crl).No.620/2023
APPENDIX OF OP(CRL.) 620/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE M.C.NO.283/2022 ON
THE FILE OF THE FAMILY COURT, PALAKKAD
DATED 23.11.2022
Exhibit P2 CERTIFIED COPY OF THE ORDER DATED
27.06.2023 IN CRL.M.P.NO.1337/2022 IN
M.C.NO. 283/2022 ON THE FILE OF THE
FAMILY COURT, PALAKKAD
