Ganga Kumar vs K.Saroja
2024 Latest Caselaw 17093 Ker

Kerala High Court

Ganga Kumar vs K.Saroja on 20 June, 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 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
                     OP(CRL.) NO. 273 OF 2024
  AGAINST THE ORDER DATED 28.01.2022 IN MC NO.316 OF 2021 OF
                 FAMILY COURT,THIRUVANANTHAPURAM


PETITIONER/RESPONDENT:

            GANGA KUMAR
            AGED 54 YEARS
            S/O VISWANATHAN,
            T.C.66/3067(1),SIVAGANGA, PANIKAR
            VILAKAM,PACHALLOOR,
            THIRUVANANTHAPURAM, PIN - 695027

            BY ADVS.
            P.YADHU KUMAR
            MEGHA S.
            P.BABU KUMAR


RESPONDENT/PETITIONER:

            K.SAROJA
            AGED 49 YEARS
            W/O GANGA KUMAR
            T.C 66/3067(1),SIVAGANGA,
            PANIKKAR VILAKAM ,PACHALLOOR,
            THIRUVANANTHAPURAM, PIN - 695027

            BY ADVS.
            G.SUDHEER
            R.HARIKRISHNAN (H-308)(K/000642/2013)
            SMRITHI S.S.(K/1674/2018)


     THIS   OP   (CRIMINAL)   HAVING    COME   UP   FOR   ADMISSION   ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl.).No.273 of 2024

                                         -:2:-



                          BECHU KURIAN THOMAS, J.
                         ---------------------------------------
                           O.P.(Crl.).No.273 of 2024
                         ---------------------------------------
                       Dated this the 20th day of June, 2024


                                      JUDGMENT

Petitioner challenges the order dated 28.01.2022 in

C.M.P.No.1/2021 in M.C.No.316/2021 on the files of the Family Court,

Thiruvananthapuram. As per the impugned order, petitioner was directed

to pay an amount of Rs.6,000/- towards interim maintenance under

Section 125(1) Cr.P.C. When the case came up for consideration, this

Court directed the interim maintenance to be paid at the rate of

Rs.5,000/- per month from the date fixed in the impugned order. The

learned counsel for the petitioner as well as the respondent submitted

that an amount of Rs.1,05,000/- has been deposited in court towards the

arrears.

2. Since this Court has by an interim order dated 27.03.2024

directed the petitioner to pay Rs.5,000/- towards the interim

maintenance from the date fixed in the interim order, I am of the view

that the said order can be made absolute and the maintenance case

pending before the Family Court be directed to be disposed of without

undue delay.

3. Accordingly, the order dated 27.03.2024 directing payment of

maintenance at the rate of Rs.5,000/- to the respondent is hereby made

absolute, and the Family Court, Thiruvananthapuram, shall consider and

pass appropriate orders on M.C.No.316/2021 at the earliest without

undue delay. It is clarified that the quantum fixed by this Court is only as

an interim measure and it shall not weigh with the court at the time of

final consideration.

4. Since the petitioner had deposited Rs.1,05,000/- towards the

arrears of maintenance, the respondent will be at liberty to withdraw the

same from the Family Court, Thiruvananthapuram

Original petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/20.06.24.

APPENDIX OF OP(CRL.) 273/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MC NO 316/2021 DATED 29/10/2021 PENDING BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM

Exhibit P2 THE TRUE COPY OF THE OBJECTION DATED 16/12/2021 FILED BY THE PETITIONER

Exhibit P3 CERTIFIED COPY OF THE ORDER DATED

Exhibit P4 THE TRUE COPY OF THE CMP NO. 2/2022 IN MC