Kerala High Court
K.C. Anilkumar vs Santhi S.K on 13 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
OP(CRL.) NO. 573 OF 2023
MC 161/2021 OF FAMILY COURT,KOLLAM
PETITIONER/RESPONDENT:
K.C. ANILKUMAR,
AGED 53 YEARS
S/O. KRISHNAN CHETTIAR, PANAKKAVILA VEEDU,
PAMPURAM, PARIPPALLY VILLAGE, NOW RESIDING AT
KRISHNA, PAMPURAM, PARIPPALLY VILLAGE, PARIPPALLY
P.O., KOLLAM, PIN - 691574
BY ADVS.
P.RAHUL
ASHWIN ANTONY
RESPONDENTS/PETITIONERS:
1 SANTHI S.K.,
D/O ANANTHAKRISHNAN CHETTIAR, SANTHI NILAYAM,
S.V.NAGAR-67, PULIAYATHUMUKKU, AYATHIL P.O.,
VADAKEVILA VILLAGE, KOLLAM, PIN - 691017
2 MEENAKSHI.A.S.,
D/O K.C.ANILKUMAR, SANTHI NILAYAM, S.V.NAGAR-67,
PULIAYATHUMUKKU, AYATHIL P.O., VADAKEVILA VILLAGE,
KOLLAM, PIN - 691017
3 SAYI SANKAR.A.
AGED 16 YEARS
S/O K.C.ANILKUMAR, SANTHI NILAYAM, S.V.NAGAR-67,
PULIAYATHUMUKKU, AYATHIL P.O., VADAKEVILA VILLAGE,
KOLLAM (MINOR REPRESENTED BY HIS MOTHER SANTHI
S.K., THE 1ST RESPONDENT), PIN - 691017
BY ADVS.
SAJU J PANICKER
KURIAN K JOSE(K/001510/2019)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
O.P.(Crl.) No.573 of 2023
2
P.V.KUNHIKRISHNAN, J.
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O.P.(Crl.) No.573 of 2023
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Dated this the 13th day of September, 2023
JUDGMENT
This original petition is filed with following prayers:
(a) Call for the records of the case leading to the
order passed by the Family Court, Kollam
dated 22.06.2023 in Crl.M.P.No.200/2023 in
M.C.No.161/2021, set aside the same and
allow the Original Petition (Crl.) with costs.
b) Grant such other orders or directions which
this Hon'ble Court may deem fit and proper
to grant in the facts and circumstances of the
case.
2. The main prayer in this case is against Ext.P1,
which is a common order passed by the Family Court, Kollam,
in C.M.P. Nos.200 and 201 of 2023 in M.C.No.161 of 2021.
C.M.P. No.201 of 2023 is a petition filed by the respondents for
directing the petitioner to pay an amount of Rs.1,41,058/- as
educational expenses for the children for the academic year
O.P.(Crl.) No.573 of 2023
2021-2022. C.M.P. No.200 of 2023 is filed by the respondents
for interim maintenance of Rs.50,000/- each per mensem for
respondents 2 and 3, who are children of the petitioner and
the 1st respondent. The Family Court dismissed C.M.P. No.201
of 2023 and allowed C.M.P. No.200 of 2023 directing the
petitioner to pay an amount of Rs.25,000/- to the 3rd
respondent per month as interim maintenance, from the date
of petition till the date of the final order. It is also ordered
that the petitioner is directed to remit the amount of
maintenance directly to the bank account of the 1 st respondent
before the 5th day of every month. Aggrieved by this order,
this original petition is filed.
3. Heard the learned counsel for the petitioner and
the learned counsel appearing for the respondents.
4. When this original petition came up for
consideration on 25.07.2023, this Court passed the following
order:
"Heard the learned counsel for the petitioner.
Issue notice to respondents by registered post
also by serving copy of this petition to the counsel
appearing for the respondents before the Family
Court and file memo within seven days.
O.P.(Crl.) No.573 of 2023
In the meantime, the execution of Ext.P1 shall
stand stayed on condition that the petitioner shall
deposit the entire arrears from the date of petition
till this date at the rate of Rs.10,000/- (Rupees ten
thousand only) within a period of two weeks.
Post on 04/08/2023 to ensure compliance of the
interim order and for appearance of respondents."
5. Thereafter, when the matter came up on
04.08.2023, this Court passed the following order:
"Adv.Kuriyan K.Joseph and Adv. Saju J.Panicker
appear for the respondents.
2. It is submitted by the learned counsel for the
petitioner that Rs.30,000/- (Rupees thirty thousand
only), the arrears as directed by this Court as per
interim order dated 25.07.2023 has been paid by
way of bank transfer in the name of the first
respondent. He has produced the photocopies of the
said transfer. The learned counsel for the
respondents also conceded the payment.
3. In view of the payment effected, interim
order shall continue till 13.09.2023, on condition that
the petitioner shall continue to pay Rs.10,000/-
(Rupees ten thousand only) per month without fail,
until further orders. ."
6. It is submitted by the counsel for the petitioner that
the interim orders are complied and he is continuing to pay
the interim maintenance as ordered by this Court. If that be
O.P.(Crl.) No.573 of 2023
the case, this original petition need not be retained. There
can be a direction to the Family Court to dispose the main
case itself, and till then, the interim order passed by this Court
can be directed to continue.
Therefore, this Original Petition (Criminal) is disposed of
in the following manner:
1. The interim order dated 25.07.2023 is made
absolute and the petitioner is directed to
pay Rs.10,000/- to the 3rd respondent, till
the disposal of M.C.No.161/2021 of Family
Court, Kollam.
2. The Family Court, Kollam will try and
dispose of M.C.No.161/2021, as
expeditiously as possible.
3. It is made clear that the Family Court is free
to pass appropriate orders in the main case,
untrammeled by the interim order passed
by this Court.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
O.P.(Crl.) No.573 of 2023
APPENDIX OF OP(CRL.) 573/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER IN CRL.MP
NO200/2023 IN M.C NO. 161/2021 DATED
22.6.2023 OF FAMILY COURT,KOLLAM
