Kerala High Court
Rajaneesh vs Veena.G on 15 November, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA,
1945
MAT.APPEAL NO. 661 OF 2023
AGAINST THE ORDER IN I.A.NO.2/2023 IN O.P.NO.635/2021
DATED 15.07.2023 OF FAMILY COURT, MAVELIKKARA
APPELLANT/RESPONDENT:
RAJANEESH,
AGED 37 YEARS,
S/O.RAJENDRAN, SARASA BHAVANAM,
MUTHUKATTUKARA, NOORANAD, ALAPPUZHA DISTRICT,
PIN - 690 504.
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
JEENA A.V.
THOMAS THOMAS
RESPONDENT/PETITIONER:
VEENA.G.,
AGED 31 YEARS,
W/O.RAJANEESH, KONATHUTHEKKETHIL,
MATTAPALLY, NOORANAD,
ALAPPUZHA DISTRICT, PIN - 690 504.
THIS MATRIMONIAL APPEAL HAVING COME UP FOR ADMISSION
ON 04.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Mat Appeal No.661 of 2023
2
AMIT RAWAL & C.S.SUDHA, JJ.
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Mat Appeal No.661 of 2023
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Dated this the 04th day of December, 2023
JUDGMENT
Amit Rawal, J.
The present appeal is directed against the impugned order dated
15/07/2023 whereby the defence of the petitioner in O.P.No. 635/2021 in
response to the prayer relating to the application I.A.No.2/23 for non
payment of the maintenance, has been struck off. On the last date of
hearing, we confronted the counsel appearing on behalf of the husband
about the arrears of the maintenance. It is submitted that this court was not
inclined to interfere for the reason that such latitude cannot be granted to the
persons who are in wilful arrears of payment of maintenance to the child
and wife. A memo dated 24/11/2023 has been filed attaching the copy of the
receipt, that is, Form T.R.5 reflecting payment of ₹2,20,000/- deposited in
the account of the Family Court, Mavelikkara, that is the maintenance
amount in C.M.P.No.27/2023. Receipt is taken on record.
2. The impugned order reads as under:
"Heard both sides. The counter petitioner has not
complied with the order of this court in MC 96/21
dated 22.10.2022 to pay maintenance to petitioner
and minor daughter in spite of several chances
given. So the defence set up by the respondent in the
O.P. is struck off. IA allowed as above. No costs."
3. We do not deem it appropriate to call the other side, as it would
unnecessarily protract the pending litigation and also defray the cost. Since
the amount has been deposited subject to the proof regarding the
calculation, we direct that the Family Court will order the release of the
amount ₹2,20,000/- deposited by the petitioner as per the receipt dated
24/11/2023. Respondent shall be at liberty to claim balance arrears if due, in
accordance with law. It is made clear that the petitioner shall continue to
make payments till the adjudication of the pending OP.
Appeal stands disposed of.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
C.S.SUDHA
JUDGE
ak
SPOKE - 15th Day of November, 2024 (Mat.Appeal No.656 and 661 of 2023)
Amit Rawal, J.
Present matrimonial appeals are directed against the impugned orders
dated 15/07/2023 in OP Nos. 635 and 656 of 2021 whereby the defense set up by
the petitioner/husband in the original petition was struck off on account of no
payment of the maintenance amount. This court, vide orders dated 4 th December
2023 and 5th December 2023, in both the matrimonial appeals bearing number MAT
Nos. 656 and 661 of 2023 noticing the fact that the petitioner had deposited the
maintenance amount, have given the liberty to the respondent/wife to withdraw the
amount. Inadvertently, did not set aside the order under challenge regarding striking
off the defense of the petitioner. Thus there is an error apparent on record and the
same is rectified. The impugned orders are hereby set aside.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
C.S.SUDHA, JUDGE
