Kerala High Court
Sreekumar vs Jayalekshmi on 15 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
O.P.(Crl.) No. 32 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 15TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946
OP(CRL.) NO. 32 OF 2025
AGAINST THE ORDER DATED 24.01.2024 IN C.M.P.NO.16 OF 2022 IN
MC NO.59 OF 2014 OF FAMILY COURT, MAVELIKKARA
PETITIONER/RESPONDENT IN C.M.P/RESPONDENT IN M.C.:
SREEKUMAR
AGED 46 YEARS, S/O DAMODARAN PILLAI,
VAIRAVANA VEEDU, THEKKE MANKUZHY,
BHARANICKAVU VILLAGE, PILLIKKANAKKU P.O.,
MAVELIKKARA TALUK,
ALAPPUZHA DISTRICT, PIN - 690503
BY ADV GODWIN JOSEPH
RESPONDENTS/PETITIONER IN C.M.P/PETITIONER IN M.C.:
1 JAYALEKSHMI
AGED 41 YEARS, D/O KALYANIKUTTIYAMMA,
PATTERIL VEEDU, MANNARASALA P.O.,
THULAMPARAMBU VADAKKU,
HARIPPAD VILLAGE, HARIPPAD,
ALAPPUZHA DISTRICT, PIN - 690514
2 SREYA SREEKUMAR (MINOR)
AGED 13 YEARS, D/O JAYALEKSHMI,
PATTERIL VEEDU, MANNARASALA P.O.,
THULAMPARAMBU VADAKKU, HARIPPAD VILLAGE,
HARIPPAD, ALAPPUZHA DISTRICT - 690514,
REPRESENTED BY JAYALEKSHMI, AGED 41 YEARS, D/O
KALYANIKUTTIYAMMA, PATTERIL VEEDU,
MANNARASALA P.O., THULAMPARAMBU VADAKKU,
HARIPPAD VILLAGE, HARIPPAD,
ALAPPUZHA DISTRICT, PIN - 690514
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) No. 32 of 2025
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JUDGMENT
This original petition has been filed challenging the order
passed by the Family Court, Mavelikkara enhancing
maintenance under Section 127 of Cr.P.C.
2. The petitioner is the husband of the respondent No.1
and father of the respondent No.2. The respondents filed a
maintenance case before the Family Court, Mavelikkara as
M.C.No. 59 of 2014 against the petitioner, claiming
maintenance. The Family Court passed an order on 14/04/2014
awarding maintenance @ Rs.1,500/- each per month to the
respondents. Thereafter, in the year 2022, the respondents
filed CMP No. 16 of 2022 under Section 127 of Cr.P.C., claiming
enhancement of the maintenance. The Family Court after
hearing both sides, enhanced the maintenance @ Rs.7,500/-
each per month to the respondents from the date of the
petition as per the impugned order. It is challenging the said
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order, this original petition has been filed.
3. I have heard the learned counsel for the petitioner.
4. The Family Court in M.C.No. 59 of 2014 granted
maintenance @ Rs.1,500/- each per month to the respondents
as early as in the year 2014. The application for enhancement
was filed after the lapse of eight years. It has come out in
evidence that the respondent No.1 is a physically disabled
person. Ext.P5 produced in CMP No.16 of 2022 would show that
she has intellectual disability of 50%. The petitioner has no
case that the respondent No.1 is employed and has any source
of income. The petitioner is working in Public Works
Department as Office Attendant. Ext.P6 produced in CMP No.16
of 2022 would show that his net salary is Rs.40,000/-.
Considering the means of the petitioner and the
requirements of the respondents, the enhancement granted by
the Family Court @ Rs.7,500/- each per month to the
respondents appears to be absolutely reasonable. I see no
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reason to interfere with the impugned order. Accordingly, the
original petition is dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF OP(CRL.) 32/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE AWARD DATED 12.04.2014 IN
M.C. NO. 59/2014 OF THE HON'BLE FAMILY COURT,
MAVELIKKARA.
EXHIBIT P1(a) A TRUE COPY OF THE SETTLEMENT SIGNED BY BOTH
THE PETITIONER AND 1ST RESPONDENT ON
17.03.2014 IN M.C. NO. 59/2014 OF THE HON'BLE
FAMILY COURT, MAVELIKKARA.
EXHIBIT P1(b) A TRUE COPY OF THE D.D. NO. 945399000025000
DATED 07.11.2024 OF SYNDICATE BANK, HARIPPAD
BRANCH.
EXHIBIT P1(c) A TRUE COPY RECEIPT DATED 10.11.2024 ISSUED BY
THE 1ST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE AVAILABLE PAYMENT RECEIPTS
OF THE PETITIONER FROM THE YEAR 2014 TO
JANUARY 2025.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 26.11.2014
IN OP(HMA) NO. 256/2014 OF THE HON'BLE FAMILY
COURT, MAVELIKKARA.
EXHIBIT P4 A TRUE COPY OF THE MARRIAGE CERTIFICATE NO.
922/2016 DATED 25.02.2016 ISSUED BY THE
REGISTRAR OF BIRTHS, DEATHS & MARRIAGES
(COMMON), MAVELIKKARA MUNICIPALITY.
EXHIBIT P5 A TRUE COPY OF THE BIRTH CERTIFICATE NO.
2104/2016 OF MR. SREEHARSH. S., REGISTERED ON
05.09.2016 ISSUED BY REGISTRAR OF BIRTHS AND
DEATHS, KAYAMKULAM MUNICIPALITY
EXHIBIT P5(a) A TRUE COPY OF THE BIRTH CERTIFICATE NO.
78/2019 OF KUM. SREENIDHI. A. DATED 15.01.2019
ISSUED BY REGISTRAR OF BIRTHS AND DEATHS,
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KAYAMKULAM MUNICIPALITY.
EXHIBIT P6 A TRUE COPY OF THE CMP NO. 16/2022 IN M.C. NO.
59/2014 FILED BY THE 1ST RESPONDENT, BEFORE
THE HON'BLE FAMILY COURT, MAVELIKKARA.
EXHIBIT P7 A TRUE COPY OF THE OBJECTION FIELD BY THE
PETITIONER IN CMP NO. 16/2022 IN M.C. NO.
59/2014 ON THE FILES OF THE HON'BLE FAMILY
COURT, MAVELIKKARA.
EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE NO. E1-315/81
DATED 17.03.2022 ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER, MAVELIKKARA, KERALA PUBLIC
WORKS DEPARTMENT.
EXHIBIT P9 A TRUE COPY OF THE DEPOSITION OF THE SMT.
KALYANIKUTTIYAMMA (PW1) IN M.C. NO. 59/2014 OF
THE HON'BLE FAMILY COURT, MAVELIKKARA.
EXHIBIT P11 A TRUE COPY OF THE CASE PROCEEDINGS IN C.M.P.
NO. 16/2022 OF THE HON'BLE FAMILY COURT,
MAVELIKKARA.
EXHIBIT P12 A TRUE COPY OF THE WARRANT DATED 15.10.2024 IN
CMP NO. 174/2024 OF THE HON'BLE FAMILY COURT,
MAVELIKKARA.
