Kerala High Court
Sandeep P Jayan vs Arya Suku on 17 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:77846
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
OP(CRL.) NO. 386 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 07.02.2024 IN
MC NO.177 OF 2023 OF FAMILY COURT, MAVELIKKARA
PETITIONER:
SANDEEP P JAYAN
AGED 31 YEARS
S/O P.JAYASIMHAN, SOUPARNIKA, KONNI.P.O,
PATHANAMTHITTA REPRESENTED BY THE P.A
HOLDER.P.JAYASIMHAN, S/O LATE PRABHAKARAN, SOUPARNIKA,
KONNI.P.O, PATHANAMTHITTA DISTRICT, PIN - 689691
BY ADVS.
V.SETHUNATHZ
THOMAS ABRAHAM (K/1051/2010)
SREEGANESH U.
LAKSHMINARAYAN.R
SNEHA MARY SANTHOSH
RESPONDENTS:
1 ARYA SUKU
AGED 30 YEARS
D/O SUKU, ARYAMANGALAM, MANNAR.P.O, ALAPPUZHA
DISTRICT, PIN - 689622
2 LAKSHYA (MINOR)
AGED 2 YEARS
REPRESENTED BY MOTHER ARYA SUKU, ARYAMANGALAM,
MANNAR.P.O, ALAPPUZHA DISTRICT, PIN - 689622
O.P.(Crl.) No.386 of 2024 2
2024:KER:77846
BY ADVS.
SRI. ELDHO PAUL
SMT. TESSY JOSE(K/660/1995)
SRI. NOUSHAD K. A. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) No.386 of 2024 3
2024:KER:77846
BECHU KURIAN THOMAS, J
---------------------------------------------
O.P. (Crl.) No.386 of 2024
----------------------------------------------------
Dated this the 17th day of October, 2024
JUDGMENT
Petitioner is the respondent in M.C.No.177/2023 of Family Court,
Mavelikkara. He challenges the order dated 07.02.2024 in Crl.M.P.
No.483/2023 in the above case directing interim maintenance to be paid
at the rate of Rs.10,000/- to the 1 st respondent and Rs. 5,000/- to the 2 nd
respondent from the date of petition.
2. I have heard Sri. V. Seethunath, the learned counsel for the
petitioner as well as Sri. Eldho Paul, the learned counsel for the
respondents.
3. This Court has time and again observed that, orders directing
payment of interim maintenance ought not to be interfered with by this
Court under Article 227 of the Constitution of India, unless the impugned
order is perverse or the amount directed to be paid is exorbitant.
4. A perusal of the impugned order reveals that petitioner is
working at Qatar and earning a salary of not less than Rs.1,75,000/- and
that he has sufficient income to maintain his wife and child. Though the
petitioner contended that he has lost his job and is now plying taxis for
his sustenance, the Family Court refused to accept the said contention.
2024:KER:77846
The alleged amount of Fellowship received by the first respondent was
also borne in mind by the Family Court while directing payment of
interim maintenance. As rightly observed, the Fellowships or grants
received by a researcher cannot be utilized for other purposes or for
sustenance of a person and his child.
5. Apart from the above, the quantum directed to be paid is only
Rs.10,000/- to the wife and Rs.5,000/- to the minor child. The said
quantum is not substantial, warranting any interference by this Court.
Interim maintenance is intended to be a relief for a wife and child. The
courts discretion to direct payment of an interim maintenance cannot be
interfered with on flimsy reasons.
6. In such circumstances, I find no perversity in the impugned
order. Having regard to the circumstance that petitioner was presently
employed at Qatar and income in foreign currency is earned by him, I
find that the amount directed to be paid is not excessive or requiring
interference by this Court.
In the above circumstances, I find no merit in this original petition
and it is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
AJ
2024:KER:77846
APPENDIX OF OP(CRL.) 386/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PETITION IN M.C NO. 177
/ 2023 ON THE FILE OF THE FAMILY COURT,
MAVELIKKARA
Exhibit P2 TRUE COPY OF THE INTERIM APPLICATION FILED
BY THE WIFE IN CRL.M.P NO. 483/ 2023 IN
M.C .NO. 177/2023 ON THE FILE OF THE FAMILY
COURT, MAVELIKKARA
Exhibit P3 THE TRUE COPY OF THE OBJECTION FILED BY THE
HUSBAND BEFORE THE FAMILY COURT, MAVELIKKARA
Exhibit P4 THE TRUE COPY OF THE DRIVING LICENCE ISSUED
BY THE STATE OF QATAR, MINSTRY OF INFERIOR
TRAFFIC DEPARTMENT DATED 5-09-2022
Exhibit P5 THE TRUE COPY OF THE ORDER IN CRL.M.P NO.
483/ 2023 IN M.C .NO. 177/2023 ON THE FILE
OF THE FAMILY COURT, MAVELIKKARA DATED
7-2-2024
