Kiran vs Aswathi K.P
2024 Latest Caselaw 4479 Ker

Kerala High Court

Kiran vs Aswathi K.P on 6 February, 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
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                        OP(CRL.) NO. 103 OF 2024
 AGAINST THE ORDER/JUDGMENT MC 128/2023 OF FAMILY COURT, VADAKARA
PETITIONER:

            KIRAN
            AGED 31 YEARS
            S/O. RAVEENDRAN, KUYTHERIMMAL HOUSE, NARIPPATTA P.O,
            NARIPPATTA VILLAGE, VATAKARA TALUK, KOZHIKODE, REP. BY
            HIS POWER OF ATTORNEY HOLDER RAVEENDRAN, S/O.
            KUJIKANARAN, KUYTHERIMMAL HOUSE, NARIPPATTA P.O,
            KALLACHI,, PIN - 673506
            BY ADVS.
            P.M.HABEEB
            YESMA D. ELAVANTHARA


RESPONDENTS:

    1       ASWATHI K.P
            D/O. BABU, CHEMBILORA CHIRAYIL HOUSE, CHEEKKONNUMMAL
            WEST P.O, NARIPPATTA VILLAGE, VATAKARA TALUK,
            KOZHIKODE, PIN - 673507
    2       NILA KIRAN (MINOR)
            D/O. ASWATHI K.P, REP. BY MOTHER AND GUARDIAN 1ST
            RESPONDENT ASWATHI.K.P, D/O. BABU, CHEMBILORA CHIRAYIL
            HOUSE, CHEEKKONNUMMAL WEST P.O, NARIPPATTA VILLAGE,
            VATAKARA TALUK, KOZHIKODE, PIN - 673507
OTHER PRESENT:

            SRI. M.C. ASHI (PP)


     THIS     OP   (CRIMINAL)   HAVING      COME   UP   FOR   ADMISSION   ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 103 OF 2024
                              2

             BECHU KURIAN THOMAS, J.
             -----------------------------------------
                O.P.(Crl) No. 103 of 2024
             ----------------------------------------
        Dated this the 6th day of February, 2024


                        JUDGMENT

Petitioner challenges the order dated 15-12-2023 in

C.M.P No.403/2023 in Crl.M.C No.128/2023 on the files of

the Family Court, Vadakara. By the impugned order,

petitioner has been directed to pay an interim maintenance

of Rs. 6000/- to the wife and Rs.4000/- to the minor child.

2. Though Sri.P.M.Habeeb, the learned counsel for

petitioner contended that the employment obtained by the

wife has not been taken into consideration, I am of the

view that the amount directed to be paid is very meagre

and that too only as a measure of interim maintenance.

Petitioner is admittedly profitably employed. The main case

is still pending consideration. There is also no dispute

about the marital status of the parties.

3. In such circumstances, I find no perversity in the

impugned order, nor is the amount directed exorbitant

warranting interference by this Court. OP(CRL.) NO. 103 OF 2024

Accordingly, I find no merit in this original petition,

and it is dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM