Kerala High Court
Mohammed Mansoor vs Shefeeka on 25 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:71447
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
OP(CRL.) NO. 601 OF 2024
AGAINST THE ORDER DATED 28.05.2024 IN CRL.M.P.NO.1 OF
2024 IN MC NO.256 OF 2023 OF FAMILY COURT, MALAPPURAM
PETITIONER:
MOHAMMED MANSOOR
AGED 32 YEARS
S/O. MOHAMMED MUSTHAFA,
CHENAKKAPARAMBIL (H),
NEDIYIRUPPU POST, KONDOTTY,
MALAPPURAM DISTRICT, PIN - 673638
BY ADVS.
P.C.MUHAMMED NOUSHIQ
JAHANA SHERIN.K
RESPONDENT:
SHEFEEKA
AGED 25 YEARS
W/O. MOHAMMED MANSOOR,
POOLAKKUNNAN (H), NARUKARA VILLAGE,
MANJERI P.O.,
MALAPPURAM DISTRICT, PIN - 676121
BY ADV C.DINESH
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:71447
O.P.(Crl.).No.601 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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O.P.(Crl.).No.601 of 2024
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Dated this the 25th day of September, 2024
JUDGMENT
Petitioner is the husband of the respondent. He challenges the
order dated 28.05.2024 in Crl.M.P.No.1/2024 in M.C.No.256/2023 on the
files of the Family Court, Malappuram. As per the impugned order,
petitioner has been directed to pay a monthly interim maintenance of
Rs.4,000/- to the respondent from the date of the petition.
2. According to the petitioner, already, by order dated
09.06.2022 issued under the Protection of Women from Domestic Violence
Act, 2005, the Chief Judicial Magistrate Court, Manjeri, has directed an
interim maintenance of Rs.3,000/- per month, and the Family Court has
directed a higher amount as interim maintenance without taking into
reckoning the said direction. The learned counsel for the petitioner
submitted that now petitioner is facing the prospect of having to comply
with both directions.
3. Sri. C. Dineesh, the learned counsel for the respondent,
however, submitted that the amount directed to be paid by the Family
Court is higher than what is directed by the Chief Judicial Magistrate and
the petitioner need only pay the higher of the two amounts directed, and
hence, the amount directed by the Family Court being higher, that alone
will have to be paid from the date mentioned in that order.
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4. Since there is no dispute for the respondent that only the
higher of the amounts directed in the two orders need alone be paid by the
petitioner, I am of the view that there is no cause for any interference with
the impugned order. Accordingly, by recording the submission of the
respondent that the amount directed to be paid by the Family Court being
higher than what was directed to be paid by the Chief Judicial Magistrate,
the said amount alone be required to be paid by the petitioner. It is
clarified that the amount directed to be paid under Ext.P5 will have to be
paid till the date of filing of Crl.M.P.No.1/2024 in M.C.No.256/2023, and
thereafter, the amount as directed in Ext.P6 ought to be paid.
This original petition is disposed of.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/25.09.24
2024:KER:71447
APPENDIX OF OP(CRL.) 601/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION IN M.C. NO. 256
OF 2023 ON THE FILES FAMILY COURT,
MALAPPURAM.
Exhibit P2 TRUE COPY OF THE COUNTER FILED BY THE
PETITIONER HEREIN IN M.C. NO. 256 OF 2023
ON THE FILES OF FAMILY COURT, MALAPPURAM.
Exhibit p3 TRUE COPY OF THE INTERIM MAINTENANCE
PETITION IN CRL. M.P. NO 1 OF 2024 IN M.C.
NO. 256 OF 2023 ON THE FILES FAMILY COURT,
MALAPPURAM.
Exhibit P4 TRUE COPY OF THE COUNTER IN INTERIM
MAINTENANCE PETITION, CRL.M.P NO. 1 OF
2024 IN MC NO. 256 OF 2023, ON THE FILES
FAMILY COURT, MALAPPURAM.
Exhibit P5 TRUE COPY OF THE ORDER DATED 09.06.2022 IN
CRL MP NO. 1841 OF 2022 IN M.C. NO. 87 OF
2022 ON THE FILES OF CHIEF JUDICIAL
MAGISTRATE, MANJERI.
Exhibit P6 TRUE COPY OF THE ORDER DATED 28.05.2024 IN
CRL MP NO. 1 OF 2024 IN M.C. NO. 256 OF
2023 ON THE FILES OF FAMILY COURT,
MALAPPURAM.
