Kerala High Court
Vijaya Kumar vs Mini on 3 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP(CRL.) NO. 296 OF 2024
AGAINST THE ORDER DATED 16.12.2023 IN MC NO.341 OF 2023 OF
FAMILY COURT, S.PARAVOOR
PETITIONER/RESPONDENT:
VIJAYA KUMAR
AGED 45 YEARS
S/O.BHASKARAN,
PUTHEN MADATHIL VEEDU,
KADAPPA, MYNAGAPPALLY P.O,
SASTHAMCOTTA, KOLLAM -, PIN - 690519
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
MARIYA JOSE
JOSHNA JOY
RESPONDENTS/PETITIONERS:
1 MINI
AGED 46 YEARS
D/O.THANKAMANI,
THONDALIL PADINJATTATHIL VEEDU,
KOONAYIL,
NOW RESIDING AT KIZHAKKE PUTHUVILA VEEDU,
KOONAYIL PARAVUR P.O,
KOLLAM DISTRICT -, PIN - 691301
2 VINEETHA
AGED 17 YEARS
D/O.MINI,
O.P.(Crl.).No.296 of 2024
-:2:-
THONDALIL PADINJATTATHIL VEEDU,
KOONAYIL,
NOW RESIDING AT KIZHAKKE PUTHUVILA VEEDU,
KOONAYIL PARAVUR P.O, KOLLAM DISTRICT - PIN - 691301
(MINOR REPRESENTED BY HER MOTHER 1ST RESPONDENT),
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).No.296 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
---------------------------------------
O.P.(Crl.).No.296 of 2024
---------------------------------------
Dated this the 3rd day of April, 2024
JUDGMENT
Petitioner challenges the order dated 16.12.2023, in
Crl.M.P.No.144/2023 in M.C.No.341/2023 on the files of the Family Court,
South Paravur, directing him to pay an interim monthly maintenance of
Rs.3,000/- to his wife and Rs.2,000/- to his minor daughter from the date
of petition.
2. I have heard Sri.K.Siju, the learned counsel for the
petitioner.Considering the nature of order that I propose to issue, notice to
respondents 1 and 2 are dispensed with.
3. The provisions of Section 125 of Cr.P.C. enable the court to grant
a reasonable amount as interim maintenance. The purpose of granting
such a power upon the court is to provide support to the destitute wife and
child. No provision for an appeal is provided with the legislative intention
that orders of interim maintenance must be final and should not be
susceptible to a challenge. However, recourse to provisions of Article 227
of the Constitution of India are resorted to by the litigants, and the same
can be entertained only when there is a perversity that looms over the
impugned order and also if the amount directed to be paid is exorbitant.
4. In the instant case, though the learned counsel for the petitioner
vehemently contended that he had been paying Rs.3,500/- to his wife, no
material is available before the court to rely upon the said submission.
Further, the impugned order only directs payment of interim maintenance
from the date of petition, which is obviously 2023. Therefore, merely
because earlier, the petitioner had allegedly paid some maintenance, the
same is not a reason to find any perversity in the impugned order. It is
also noticed that the amount directed to be paid is only a paltry sum of
Rs.3,000/- to the wife and Rs.2,000/- to the minor child.
Considering the entire circumstances, I find that there is no
perversity in the impugned order nor is the amount ordered exorbitant, so
as to warrant invocation of the remedy under Article 227 of the
Constitution of India. Hence, there is no merit in this original petition and it
is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/03.04.24
APPENDIX OF OP(CRL.) 296/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE COPY OF MC NO.341/2023 ON THE FILE OF
FAMILY COURT, SOUTH PARAVUR DATED 7.5.2023
Exhibit P2 THE COPY OF PETITION IN CRL.M.P
NO.144/2023 IN MC NO.341/2023 DATED
17.5.2023 SEEKING INTERIM MAINTENANCE
Exhibit P3 THE COPY OF OBJECTION DATED 8.12.2023
FILED BY THE PETITIONER/RESPONDENT TO THE
APPLICATION FOR INTERIM MAINTENANCE
Exhibit P4 THE COPY OF ORDER DATED 16.12.2023 IN
CRL.M.P NO.144/2023 IN MC NO.341/2023 ON
THE FILE OF FAMILY COURT, SOUTH PARAVUR
Exhibit P5 THE RELEVANT PAGES OF ACCOUNT STATEMENT OF
THE PETITIONER AS ACCOUNT NO.001001018693
MAINTAINED AT MYNAGAPPALLY VILLAGE SERVICE
CO-OPERATIVE BANK
Exhibit P6 THE COPY OF SAVINGS BANK PASSBOOK OF
PETITIONER'S FATHER BHASKARA ACHARY WITH
MYNAGAPPALLY SERVICE CO-OPERATIVE BANK
VIDE ACCOUNT NO.0101015075 FOR A PERIOD
FROM 4.4.2018 TO 25.8.2023
