Kerala High Court
Biju vs Nainy Joseph on 24 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
R.P(FC) NO.363 OF 2016 1
2024:KER:79219
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
R.P(FC) NO.363 OF 2016
AGAINST THE ORDER DATED 23.04.2016 IN M.C.NO.186 OF 2014 OF
FAMILY COURT, IRINJALAKUDA
REVISION PETITIONER/RESPONDENT:
BIJU
S/O.PULLAN DEVASSY KUTTY,
THIRUMUDIKKUNNU DESOM, KIZHAKKUMURY VILLAGE,
KORATTY, CHALAKKUDY TALUK.
BY ADV SRI.T.N.MANOJ
RESPONDENTS/PETITIONERS:
1 NAINY JOSEPH
D/O.CHULLIYADAN VEETTIL JOSEPH,
SREEMOOLA NAGARAM DESOM, EDANAD, COWARA VILLAGE
ALUVA TALUK.
2 MINOR SHEHA P.BIJU
REPRESENETED BY MOTHER NAINI JOSEPH DO-- DO--
R.P(FC) NO.363 OF 2016 2
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3 MINOR SAGAR P.PULLAN
REPRESENTED BY MOTHER NAINI JOSEPH --DO-- DO-
BY ADVS.
SRI.BENOJ C AUGUSTIN
SMT.DEVI.R.SENS
SRI.U.M.HASSAN
SMT.J.KASTHURI
SRI.PRATHAP PILLAI
SRI.SAIJO HASSAN
SRI.SEBIN THOMAS
SRI.VIVEK V. KANNANKERI
SRI.VISHNU BHUVANENDRAN
THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY
HEARD ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
R.P(FC) NO.363 OF 2016 3
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ORDER
Devan Ramachandran, J.
This petition challenges the order of the learned Family
Court, Irinjalakuda in M.C.No.186 of 2014, filed by the
respondents, seeking maintenance.
2. Thankfully, when this matter was called today, both
sides were agreeable to a settlement.
3. Sri.T.N.Manoj - learned Counsel for the petitioner,
submitted that, without prejudice to his client's rights, as also
contentions - explaining that, there is an Appeal, namely
Mat.Appeal No.669 of 2022, pending before this Court between
the parties, in which analogous allegations are impelled - he is
willing to pay the entire arrears of maintenance as ordered -
save for his son, who is with him - to the wife and to his
daughter, which he conceded is a figure of ₹6,42,917/-, as of
today, in tranches. He offered that an amount of ₹1,50,000/-
will be paid within a period of one month; followed by Rupees
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One Lakh within a further period of one month and the balance,
in four instalments of 1,25,000/- each, but the last one being
the exact balance amount required to honor the aforesaid total
sum. He also added that his client will pay ₹7,000/-, which is
the maintenance ordered by the learned Family Court, to the
wife and the daughter, without fail, from now.
4. Sri.Saijo Hassan - learned Counsel for the respondent,
acceded to the afore suggestions.
5. In the afore circumstances and without entering into the
merits of any of the rival contentions of the parties and leaving
them all open, and also giving them liberty to impel any
contention touching upon it when Mat.Appeal No.669 of 2022 is
argued and disposed of, we dispose of this R.P in terms of the
consent between the parties in the following manner:
(a) We record that the total outstanding as per the
impugned order of the learned Family Court, Iringalakuda, qua,
the wife and the daughter, as on date, is admitted to be
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₹6,42,917/-.
(b) The afore will be paid by the petitioner in the following
manner:
(i) ₹1,50,000/- on or before 25.11.2024.
(ii) Rupees One lakh on or before 25.12.2024.
(iii) ₹1,25,000/- on or before 25.01.2024.
(iv) ₹1,25,000/- on or before 25.02.2024.
(v) ₹1,25,000/- on or before 25.03.2024
and
(vii) the balance amount of ₹17,917/- not later
than 25.04.2024.
(c) The petitioner will continue to pay ₹7,000/-, being the
amount determined as maintenance to the wife and daughter,
with effect from this month, without fail in future, subject to any
modification to be made by the learned Trial Court or by this
Court, in due course.
(d) We reiteratingly clarify that the above directions being
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issued with the consent of both parties, their rival contentions
are completely open to be impelled when Mat.Appeal No.669 of
2022 is argued.
(e) Needless to say, if the petitioner is to abide by the
afore directions, the judgment of the learned Family Court,
Irinjalakuda, will stand fully satisfied; but if there is to be any
default, the respondent-wife will be at liberty to invoke the
remedies for recovery of the balance amount as per the decree,
as per law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
sp/24/10/2024
