Kerala High Court
Umanath.S.P vs Reena.R on 15 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
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
OP(CRL.) NO. 962 OF 2023
IN MC 293/2021 OF FAMILY COURT, PALAKKAD
PETITIONER/RESPONDENT:
UMANATH.S.P
AGED 51 YEARS
S/O.PAZHANIYANDI,
GOKULAM, NEDUGOTTUR,
SHORNUR, PALAKKAD, PIN - 679121
BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENTS/PETITIONERS:
1 REENA.R,
AGED 41 YEARS
D/O.A.RAJAN,
GOKUL NIVAS,
KUNNUKKAD, DHONI POST,
PALAKKAD, PIN - 678009
2 GOKUL (MINOR)
AGED 15 YEARS
S/O. UMANATH.S.P,
GOKUL NIVAS,
KUNNUKKAD, DHONI POST, PIN - 678009
PALAKKAD (2ND RESPONDENT MINOR REP.BY 1ST
RESPONDENT MOTHER),
BY ADVS.
RAJESH SIVARAMANKUTTY
MAYA C.P.(K/1727/1999)
K.V.ANTONY(K/522/2015)
VIJINA K.(K/229/2016)
ARUL MURALIDHARAN(K/000853/2018)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) No.962 of 2023
-:2:-
BECHU KURIAN THOMAS, J.
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O.P.(Crl.) No.962 of 2023
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Dated this the 15th day of February 2024
JUDGMENT
Petitioner challenges Ext.P2 order dated 14.06.2023 in
Crl.M.P.No.852/2021 in M.C.No.293/2021 on the files of the Family Court,
Palakkad.
2. As per the impugned order, the Family Court directed payment
of interim maintenance at the rate of Rs.4,000/- per month to the wife
and at the rate of Rs.2,500/- to the minor child from 06.12.2021 till the
disposal of the maintenance case. The said order is the subject matter of
challenge in this original petition.
3. On the date of admission, this Court by an interim order, stayed
the impugned order on condition that the arrears of maintenance at the
rate of Rs.3,000/- per month shall be deposited within one month and the
original petitioner will continue to pay interim maintenance at the rate of
Rs.3,000/- per month to the wife and Rs.2,500/- to the minor child. It is
now submitted that the said order is being complied with without fail.
4. Since the impugned order is only with respect to an interim
maintenance and the order of this Court dated 14.12.2023 is being
complied with, it is only appropriate that the interim order be made
absolute until the disposal of the main maintenance case itself.
5. In the above circumstances, the interim order dated 14.12.2023
in this original petition is made absolute and the Family Court, Palakkad,
is directed to consider and pass final orders in the main maintenance
case, untrammelled by the quantum fixed either in the impugned order or
in the interim order in this original petition.
Original petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/15.02.24.
APPENDIX OF OP(CRL.) 962/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE CRL.M.P.NO. 852/2021 IN
M.C.NO.293/2021 ON THE FILE OF THE FAMILY
COURT, PALAKKAD DATED 03.12.2021.
Exhibit P2 CERTIFIED COPY OF THE ORDER DATED
14.06.2023 IN CRL.M.P.NO.852/2021 IN
M.C.NO. 293/2021 ON THE FILE OF THE FAMILY
COURT, PALAKKAD.
