Kerala High Court
Prakasan V.K vs Jayasree V.P on 25 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.).No.448 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
OP(CRL.) NO. 448 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 24.04.2025 IN MC
NO.550 OF 2023 OF FAMILY COURT,KOZHIKODE
PETITIONER(S)/RESPONDENT/RESPONDENT:
PRAKASAN V.K.
AGED 62 YEARS
S/O. LATE KUTTIKRISHNA KURUP, PRAKASPURI,
EDAKKARA, KOCHAMVALLITHAZHAM, CHELANNUR,
KOZHIKKODE DISTRICT, PIN - 673616
BY ADV. SRI.K.RAKESH
RESPONDENT(S)/PETITIONER/PETITIONER:
JAYASREE V.P.
AGED 58 YEARS
D/O. KUTTIKRISHNAN NAIR, PADISSERY HOUSE,
THALAKKULATHUR, KOZHIKODE DISTRICT, PIN - 673317
BY ADVS.
SMT.MAYA CHANDRAN
SRI. PRAMOD KUMAR - R1
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl.).No.448 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
O.P.(Crl.) No.448 of 2025
-------------------------------
Dated this the 25th day of July, 2025
JUDGMENT
The above Original Petition (Crl.) is filed seeking the
following reliefs:
"i) Call for the records leading to Exhibit P1
and set aside the same by the issuance of a direction or
order;
ii) Dispense with the filing of English
Translation of Vernacular documents:
iii) Grant such other reliefs as this Hon'ble
Court may deem fit and proper in the circumstances of
the case."[SIC]
2. Petitioner is aggrieved by Ext.P1 order by
which the Family Court, Kozhikode directed the petitioner to
pay interim maintenance to the respondent @ Rs.7,500/-
per month. A perusal of Ext.P1 order would show that there
was no representation for the petitioner, and no counter was
also filed by the petitioner before the Family Court, and
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hence the Family Court was forced to pass the impugned
order.
3. Counsel for the petitioner submitted that an
opportunity may be given to argue the interim maintenance
application on merit.
4. Counsel for the respondent seriously
opposed the same and submitted that the petitioner has not
even filed a counter either in the interim maintenance
application or in the M.C.
5. When this Original Petition (Crl.) came up for
consideration on 14.07.2025, this Court passed the following
order:
"Admit.
Issue urgent notice to the respondent. The
petitioner will also give notice to the counsel appearing
for the respondent before the Family Court, Kozhikode
and file a memo within ten days.
Interim stay of the impugned order for a
period of 4 months on condition that the petitioner will
deposit the entire arrears of interim maintenance at the
rate of Rs.4,000/- (Rupees Four Thousand only) within
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six weeks and also continue to pay at the rate of
Rs.4,000/- (Rupees Four Thousand only) till further
orders are passed.
Post on 25/07/2025."
6. Considering the facts and circumstances of
the case and without going to the merit of the case, I think
Ext.P1 can be set aside. The interim order dated 14.07.2025
can be retained and there can be a direction to the Family
Court to reconsider the interim maintenance application
untrammeled by any observation in the interim order. Till
final orders are passed in the interim maintenance
application, the interim order passed by this Court on
14.07.2025 can continue.
Therefore, this Original Petition (Crl.) is disposed of
in the following manner:
1. Ext.P1 is set aside and C.M.P. No.1/2024 in M.C.
No.550/2023 on the file of the Family Court,
Kozhikode is restored.
2. The petitioner is given two weeks time to file a
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counter affidavit, if any, in the above application
from the date of receipt of a copy of this judgment.
3. The Family Court, Kozhikode will pass final orders in
the interim maintenance application, as
expeditiously as possible. Till final orders are passed
in the interim maintenance application, the interim
order passed by this Court on 14.07.2025 will
continue.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF OP(CRL.) 448/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 24-4-2025
IN C.M.P.NO.1/2024 IN M.C.NO.550/2023
PASSED BY THE FAMILY COURT, KOZHIKODE
EXHIBIT P2 A TRUE COPY OF THE APPLICATION FILED BY
THE RESPONDENT AS C.M.P(EX).NO.182/2025
IN M.C.NO.550/2023 DATED 23-5-2025
EXHIBIT P3 A TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER IN C.M.P(EX).NO.182/2025 FROM
THE FAMILY COURT, KOZHIKODE DATED 31-5-
