Kerala High Court
Jithesh .P.T vs Sreelakshmi .K on 3 April, 2024
CRL.R.P NO.362 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
CRL.REV.PET NO. 362 OF 2024
AGAINST THE JUDGMENT IN CRL.A NO.100 OF 2023 OF ADDITIONAL
SESSIONS COURT, TIRUR
REVISION PETITIONER:
JITHESH .P.T
AGED 31 YEARS
S/O THANKAPPAN, PALLISSERY HOUSE, PALLYCHAMBAYIL
ROAD, PALARIVATTOM P.O, PALARIVATTOM DESOM,
KANYANOOR TALUK, ERNAKULAM DISTRICT, PIN - 682025
BY ADV K.S.DHANESH KUMAR
RESPONDENT:
SREELAKSHMI .K
AGED 30 YEARS
D/O DEVADASAN, SREELAYAM, MANIKULATHUPARAMBIL,
THENJIPPALAM .P.O, THIROORANGADI TALUK, MALAPURAM
DISTRICT, PIN - 673636
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRL.R.P NO.362 OF 2024 2
O R D E R
This Criminal Revision Petition has been filed under Section
397 r/w Section 401 of Cr.P.C.
2. Heard the learned counsel for the petitioner.
3. In this matter, in M.C.No.18/2023, the Magistrate Court
allowed the M.P.No.744/2023 and granted interim maintenance at the
rate of Rs.4,000/- per month and as an interim arrangement keeping
the M.C. pending.
4. The order was challenged before the first appellate court
and the first appellate court also confirmed the order negating the
contentions raised by the petitioner that since the petitioner annulled
the marriage by a decree of nullity under Section 12 of the Hindu
Marriage Act, the petitioner is not bound to pay maintenance,
holding that such defence could not be allowed to deny the
maintenance under the Protection of Women from Domestic Violence
Act. Admittedly, the petitioner is an employee of the Central
Government, earning Rs.40,000/- per month. The amount granted by
interim maintenance is only Rs.4,000/- per month and the said order
does not require interference and the contention of the petitioner
shall be decided in the M.C, in accordance with law.
The Criminal Revision Petition is dismissed, directing to pay
the interim maintenance granted by the trial court without fail till
the disposal of the M.C by the trial court.
Sd/-
A. BADHARUDEEN
JUDGE
ab
APPENDIX OF CRL.REV.PET 362/2024
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF DISCHARGE SUMMARY OF
RESPONDENT COLLECTED BY THE REVISION
PETITIONER AND HIS MOTHER FROM BABY
MEMORIAL HOSPITAL ,KOZHIKODE DATED
04.12.2015
Annexure 2 TRUE COPY OF CERTIFICATE OF RESPONDENT
ISSUED FROM THE PATHOLOGY DIVISION
COLLECTED BY THE REVISION PETITIONER
AND HIS MOTHER FROM BABY MEMORIAL
HOSPITAL ,KOZHIKODE REPORTED ON
07.12.2015
Annexure 3 TRUE COPY OF DISCHARGE SUMMARY OF
RESPONDENT COLLECTED BY THE REVISION
PETITIONER AND HIS MOTHER FROM BABY
MEMORIAL HOSPITAL ,KOZHIKODE DATED
18.05.2018
Annexure 4 TRUE COPY OF CERTIFICATE OF RESPONDENT
ISSUED FROM THE PATHOLOGY DIVISION
COLLECTED BY THE REVISION PETITIONER
AND HIS MOTHER FROM BABY MEMORIAL
HOSPITAL ,KOZHIKODE REPORTED ON
19.05.2018
Annexure 5 TRUE COPY OF OP SERVICE CASH SLIP
ISSUED FROM ERNAKULAM MEDICAL CENTER
FOR APPOINTMENT OF RESPONDENT DATED
04.02.2022
Annexure 6 TRUE COPY OF THE WHATSAPP MESSAGES SEND
BY THE RESPONDENT DATED 05.02.2022 IS
Annexure 7 TRUE COPY OF ORDER OF HON'BLE JUDICIAL
FIRST-CLASS MAGISTRATE COURT
PARAPANAGADI ,MALAPURAM DISTRICT IN
M.P. NO. 744/2023 IN M.C.NO. 18/2023
DATED 08.06.2023
Annexure 8 CERTIFIED COPY OF ORDER OF HON'BLE
ADDITIONAL SESSIONS COURT , TIRUR ,
MALAPURAM DISTRICT IN CRL. APPEAL NO.
100/2023 DATED 24.01.2024
RESPONDENTS ANNEXURES: NIL
