Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 23RD DAY OF JANUARY 2024 / 3RD MAGHA, 1945 OP(CRL.) NO. 585 OF 2023 AGAINST THE ORDER IN M.P.NO.208/2021 IN M.C.NO.122/2021 OF FAMILY COURT, KOTTAYAM PETITIONER/RESPONDENT/RESPONDENT:
ANTONY P CHACKO @ DIPIN AGED 35 YEARS SON OF SRI. CHACKO PADANILAM HOUSE, CHEERANCHIRA P.O, VEROOR KARA, CHETHIPUZHA VILLAGE, CHANGANACHERRY TALUK KOTTAYAM, KERALA, PIN – 686106 BY ADVS.
LUKE J CHIRAYIL AMAL JOSE RESPONDENTS/PETITIONERS/PETITIONERS:
1 SINTAMOL JOSEPH AGED 32 YEARS WIFE OF ANTONY P CHACKO PADANILAM HOUSE, CHEERANCHIRA P.O, VEROOR KARA,CHETHIPUZHA VILLAGE, CHANGANACHERRY TALUK KOTTAYAM, KERALA,, PIN – 686106 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS.
M JAYAKRISHNAN VAZHOOR VIJAYAN NAIR G.(K/001292/2019) SHAJI MATHEW N.M.(K/359/2020) REMYA VARMA N.K(K/001085/2021) THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.) No.585 of 2023 -:2:- BECHU KURIAN THOMAS, J.
--------------------------------------- O.P.(Crl.) No.585 of 2023 --------------------------------------- Dated this the 23rd day of January, 2024 JUDGMENT Petitioner and the first respondent are husband and wife. By order dated 27.12.2022 in M.P. No.208/2021 in M.C. No.122/2021, petitioner was directed to pay an interim maintenance of Rs.10,000/- to the second petitioner therein, who is none other than the child of the petitioner and the first respondent. Aggrieved by the order directing interim maintenance to be paid to the second respondent, this original petition has been preferred.
2. Sri. Luke Chirayil, the learned counsel for the petitioner contended that the impugned order is bereft of any reasoning and without even verifying the income of the petitioner the amount has been directed to be paid. According to the learned counsel, the petitioner is taking care of the educational expenses and other expenses of the respondents and therefore, the direction to pay Rs.10,000/- is on the higher side.
3. Sri. M Jayakrishnan, the learned counsel for the respondents on the other hand contended that despite the order of maintenance issued on 27.12.2023, the entire amount has not been paid, and the first respondent has even lost her employment due to the conduct of
O.P.(Crl.) No.585 of 2023 -:3:- the petitioner. It is further submitted that petitioner is getting a monthly income of more than Rs.2,50,000/-, which has been considered by the Family Court and also that he has a business in manufacturing ornamental umbrellas.
4. After considering the contentions advanced by the learned counsel for the petitioner as well as the learned counsel for the respondents, it is noticed that what is challenged is only an order of interim maintenance, that too for the child alone. The Family Court has not ordered maintenance to the first respondent, though it is contended that she has lost her employment and is in need of maintenance.
5. Since the original maintenance case is pending consideration, I am of the view that the amount now directed to be paid as an interim maintenance to the second respondent is reasonable in the circumstances of the case. No reason exists to interfere with the said order. Therefore, Annexure-A10 order it to be sustained.
6. In the above circumstances, I find no merit in this original petition and it is dismissed. It is also observed that the Family Court will be at liberty to consider and dispose of the original maintenance case itself, in accordance with law.
Original petition is dismissed as above.
Sd/- BECHU KURIAN THOMAS
JUDGE
Jka/23.01.24.
O.P.(Crl.) No.585 of 2023 -:4:- APPENDIX OF OP(CRL.) 585/2023 PETITIONER’S ANNEXURES Annexure A1 THE TRUE COPY OF THE PETITION DATED 16.08.2021, WHICH IS NUMBERED AS M.C NO.
122/2021 ON THE FILES OF THE HONORABLE FAMILY COURT, ETTUMANOOR.
Annexure A1(a) TRUE COPY OF THE PETITION DATED 16.08.2021 GOT NUMBERED AS M.P. NO.
208/2021 IN M.C. NO. 122/2021 ON THE FILES OF THE HONORABLE FAMILY COURT, ETTUMANOOR.
Annexure A2 THE TRUE COPY OF THE UNDATED OBJECTION FILED BY THE PETITIONER HEREIN IN C.M.P.
NO. 208/2021 ON THE FILES OF THE HONORABLE FAMILY COURT KOTTAYAM AT ETTUMANOOR.
Annexure A3 THE TRUE COPY OF THE TERM FEE PAID VIA CHALLAN, NUMBERED AS CHALLAN NO.14318 DATED 12.01.2022 ISSUED IN FAVOUR OF A/C NO.0014-04047696-190006 (KRISTU JYOTI KINDER GARTEN) PAID BY THE PETITIONER.
Annexure A4 THE TRUE COPY OF THE ANNUAL FEE PAID VIA CHALLAN, WHICH IS NUMBERED AS CHALLAN NO.15661 DATED 16.02.2022 ISSUED BY THE CATHOLIC SYRIAN BANK IN FAVOUR OF A/C NO.0014-04047696-190001
(DR.PLACID EDUCATIONAL
TRUST)
PAID
BY
THE PETITIONER.
Annexure A5 THE TRUE COPY OF THE RECEIPT NUMBERED AS VOUCHER NO.8521 DATED 02.06.2021 ISSUED BY THE CATHOLIC SYRIAN BANK IN FAVOR OF A/C
NO.
0014-04105454-195001(STORE ADVANCE).
Annexure A6 THE TRUE COPY OF THE PAYMENT BILL, NUMBERED AS PAYMENT BILL NO.7097 DATED 30.05.2022 ISSUED BY KJ DISTRIBUTORS- PLACID IN FAVOR OF THE 2ND RESPONDENT.
O.P.(Crl.) No.585 of 2023 -:5:- Annexure A7 THE TRUE COPY OF THE GST INVOICE, NUMBERED AS INVOICE NO. GST/18,510 ISSUED BY KJ DISTRIBUTORS-PLACID IN FAVOR OF THE 2ND RESPONDENT.
Annexure A8 THE TRUE COPY OF THE RECEIPT NUMBERED AS 0297510 DATED 22.09.2022 ISSUED BY KERALA STATE ELECTRICITY BOARD LTD IN FAVOR OF MATHEW JOSEPH.
Annexure A9 THE TRUE COPY OF THE RECEIPT NUMBERED AS 003986 DATED 24.09.2022 ISSUED BY SHREYA GAS AGENCIES IN FAVOR OF THE PETITIONER.
Annexure A10 THE CERTIFIED COPY OF THE ORDER IN M.P 208/21 IN M.C.122/2021 DATED 27.12.2022 ON THE FILES OF THE HONORABLE JUDGE FAMILY COURT, KOTTAYAM AT ETTUMANOOR.