Kerala High Court
Sanjayan.P.R vs Bharitha Prathap on 6 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
OP (Crl.) No.464 of 2025
2025:KER:58835
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
OP(CRL.) NO. 464 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 16.05.2025 IN MP
NO.816 OF 2024 OF FAMILY COURT, IRINJALAKUDA ARISING OUT OF
THE ORDER/JUDGMENT DATED IN MC NO.247 OF 2024 OF FAMILY
COURT, IRINJALAKUDA
PETITIONER(S)/RESPONDENT:
SANJAYAN.P.R.
AGED 43 YEARS
S/O. RAJU.P.K., PARAMBIKKATTIL VEEDU, THAZHEKKAD
VIS, VELLANCHIRA DESOM, ALUR VLLAGE, CHALAKUDY
TALUK, THRISSUR DIST., PIN - 680697
BY ADVS.
SRI.M.SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH
RESPONDENT(S)/PETITIONER:
1 BHARITHA PRATHAP
D/O.PRATHAPAN, ILLATHUPARAMBIL HOUSE,
KURUVILASSERY VILLAGE, VALIYAPARAMBU DESOM,
CHALAKUDY TALUK, KURUVILASSERY .P.O.,THRISSUR
DIST., PIN - 680732
2 DHANWIN
MINOR REPRESENTED BY MOTHER BHARITHA PRATHAP, S/O.
SANJAYAN.P.R., ILLATHUPARAMBIL HOUSE,
KURUVILASSERY VILLAGE, VALIYAPARAMBU DESOM,
OP (Crl.) No.464 of 2025
2025:KER:58835
2
CHALAKUDY TALUK, KURUVILASSERY .P.O.,THRISSUR
DIST., PIN - 680732
BY ADVS.
SMT. S. SEETHA, SR.PP
SRI.AUGUSTUS BINU
SMT.ANJU THOMAS.M
SRI.MITHUN BABY JOHN
SHRI.JAYAKUMAR B.
SHRI.NIDHEESH MOHAN
SHRI.GOVIND V.I.
SHRI.KRISHNADEV K.
SHRI.NANDHU S.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (Crl.) No.464 of 2025
2025:KER:58835
3
P.V.KUNHIKRISHNAN, J.
-------------------------------------------
OP (Crl) No.464 of 2025
--------------------------------------------
Dated this the 06th day of August, 2025
JUDGMENT
The above Original Petition (Crl.) is filed with
the following prayers:
"i] Set aside Exhibit P6 order granting interim
maintenance to the respondents @ 15000/- each in
the Interest of Justice.
ii] Direct the Family Court Irinjalakuda to reconsider
Exhibit P2 MP 816/2024 filed by the respondents for
interim maintenance with reference to Exhibit P4
and P5 Disclosure Affidavit of the parties in the
Interest of Justice." SIC
2. The petitioner is aggrieved by Ext.P6 order.
As per Ext.P6 order, the Family Court, Irinjalakuda
allowed the prayer in MP No.816/2024 in MC
No.247/2024 and directed the petitioner to pay
interim maintenance at the rate of Rs.30,000/- to the
2025:KER:58835
respondents (Rs.15,000/- each). Aggrieved by the
same, this Original Petition is filed.
3. When this Original Petition came up for
consideration before this Court on 18.07.2025, this
Court passed the following order:
"Admit.
Issue urgent notice to respondents. The
petitioner will also serve notice to the counsel
appearing for the respondents before the Family
Court and file a memo before this Court within
two weeks.
The interim stay for a period of four months on
condition that the petitioner will deposit the
entire arrears @ Rs.10,000/- within six weeks
and also continue to pay the monthly
maintenance at the same rate.
Post immediately after service is complete."
4. Heard the learned counsel appearing for
the petitioner and the counsel for the respondents.
5. This Court perused Ext.P6 order. According
to the petitioner, no sufficient opportunity was given
2025:KER:58835
to the petitioner to file the disclosure affidavit and he
is ready to submit a disclosure affidavit, if some time
is granted. The counsel for the respondent submitted
that the interim maintenance awarded is not paid
and there is huge arrears also.
6. Considering the facts and circumstances of
the case, I think, an opportunity can be given to the
petitioner to file a disclosure affidavit by setting aside
Ext.P6 order. But, I make it clear that the petitioner
should pay interim maintenance as ordered by this
Court on 18.07.2025 till final orders are passed in MP
No.816/2024.
Therefore, this Original Petition(Crl.) is disposed
of with the following directions:
1. Ext.P6 order is set aside and MP
No.816/2024 in MC No.247/2024 is
restored before the Family Court,
Irinjalakuda.
2025:KER:58835
2. The petitioner will file the disclosure
statement within two weeks from the
date of appearance before the Family
Court. Thereafter, the Family Court will
pass appropriate orders in MP
No.816/2024 in MC No.247/2024,
untrammeled by any observation in the
order dated 18.07.2025, which is
extracted above.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
2025:KER:58835
APPENDIX OF OP(CRL.) 464/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE M.C.247/2024
FILED BY THE RESPONDENT BEFORE THE
FAMILY COURT, IRINJALAKUDA
DT.10.12.2024
EXHIBIT P2 THE TRUE COPY OF THE M.P.NO.816 /
2024 FILED BY THE RESPONDENT BEFORE
THE FAMILY COURT, IRINJALAKUDA
DT.10.12.2024
EXHIBIT P3 THE TRUE COPY OF THE AGREEMENT
EXECUTED BETWEEN THE PETITIONER AND
THE 1ST RESPONDENT DT.29.12.2023
EXHIBIT P4 THE TRUE COPY OF THE ASSET AND
LIABILITY AFFIDAVIT FILED BY THE
PETITIONER/RESPONDENT BEFORE THE
FAMILY COURT, IRINJALAKUDA
EXHIBIT P5 THE TRUE COPY OF THE ASSET AND
LIABILITY AFFIDAVIT BY THE
RESPONDENT/PETITIONER BEFORE THE
FAMILY COURT, IRINJALAKUDA
EXHIBIT P6 THE TRUE COPY OF THE ORDER IN
M.P.NO.816/2024 IN M.C.NO.247/2024
PASSED BY THE FAMILY COURT,
IRINJALAKUDA DT.16.05.2025
//TRUE COPY//
PA TO JUDGE
