Kerala High Court
Muhammed Saleem vs Faseela K on 10 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:75473
OP(CRL.) NO. 590 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
OP(CRL.) NO. 590 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.200 OF 2023
OF FAMILY COURT,KOZHIKODE
PETITIONER/RESPONDENT :
MUHAMMED SALEEM, AGED 43 YEARS,
S/O. ALIKKOYA, ROUDA HOUSE,
KIZHAKKE PARAPPURAM,
THALAKULATHOOR, ANNASSERY P.O.,
ELATHUR POLICE STATION LIMIT,
KOZHIKODE, PIN - 673 317.
BY ADVS.
NIRMAL.S
VEENA HARI
KEERTHY JOHNSON
ABDUL SAHAD M.H.
MINTU JOSE
RESPONDENT/PETITIONER :
1 FASEELA K., AGED 33 YEARS
S/O. AHAMMEDKOYA, ROUDA HOUSE,
KIZHAKKE PARAPPURAM, THALAKULATHOOR,
ANNASSERY P.O., ELATHUR POLICE STATION LIMIT,
KOZHIKODE, PIN - 673 317.
2 AYRAH SALEEM (MINOR),
AGED 7 YEARS
D/O MUHAMMED SALEEM,
(REP. BY MOTHER 1ST RESPONDENT.), PIN - 673317.
BY ADV B.ANANTHU
SMT. SREEJA V (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(CRL.) NO. 590 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
O.P.(Crl) No.590 of 2024
...................................................
Dated this the 10th day of October, 2024
JUDGMENT
Petitioner challenges Ext.P3 order of interim maintenance dated
14.02.2024 in Crl.M.P.No.02/2023 in M.C.No.200/2023 of the
Family Court, Kozhikode.
2. By the impugned order, petitioner was directed to pay as interim
maintenance, an amount of Rs.5,000/- per month to each of the
respondents herein from 11.05.2023.
3. When the matter was taken up for consideration, on the basis of
the submissions of the learned counsel for the petitioner that there
is a possibility of settlement through mediation, this Court issued
notice to the respondent. The learned counsel for the respondent,
on appearance, however, submitted that petitioner had already
pronounced talaq against the first respondent, and therefore, there
is no question of any settlement and that she is not willing for a
mediation as well. In view of the above submission, the possibility
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OP(CRL.) NO. 590 OF 2024
of mediation no longer exists.
4. The impugned order directs payment of interim maintenance of
Rs.5,000/- per month to each of the respondents. Learned counsel
alleges that petitioner had lost his job and is no longer employed
and that the amount directed to be paid is too onerous a
condition to comply with.
5. Having regard to the circumstances of the case and also bearing in
mind the provisions of law, I am of the view that an able bodied
person cannot refuse to maintain his wife and child. The provision
for payment of interim maintenance is only as a means of succour
for a destitute wife and child. Unless the interim maintenance
ordered is too exorbitant or perverse, interference under Article
227 of the Constitution of India ought not to be resorted to.
6. On a perusal of the interim order, there is no perversity in the
impugned order as the Family Court has properly appreciated the
circumstances of the case and noticed the necessity of providing a
reasonable sum for the time being for the minor child and wife.
Even the amount directed to be paid is also meagre, which does
not warrant any interference
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OP(CRL.) NO. 590 OF 2024
7. In such circumstances, I find no merit in this original petition and
it is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/10/10/2024
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OP(CRL.) NO. 590 OF 2024
APPENDIX OF OP(CRL.) 590/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE M.C.200/2023 ALONG WITH
EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE PETITIONER IN CMP 02/2023 IN MC
EXHIBIT P3 CERTIFIED COPY OF THE ORDER DATED
