The High Court reduced the interim maintenance awarded to the petitioner-wife under the Family Court from Rs. 2,500 to Rs. 2,000 per month, considering her alleged employment income, while directing the husband to deposit the balance due.
Interim maintenance reduced to Rs. 2,000 per month; balance deposited within two weeks before the Family Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN
THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933
Crl.MC.No. 2967 of 2011()
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MC.75/2011 of FAMILY COURT, KOTTARAKKARA
PETITIONER/RESPONDENT:
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SREEKUMAR, S/O.RAMACHANDRAN PILLAI, RESIDING AT VENUBHAVAN,KAKKAZHAM (PO) AMBALAPPUZHA VILLAGE.
BY ADVS.SRI.M.V.THAMBAN
SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR
RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM
2. BINDHU, W/O.SREEKUMAR, RESIDING AT THUNDIL HOUSE, VENCHEMBU (PO),AYANIKODE, KARAVALOOR VILLAGE 691 333.
R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 BY ADV. SRI.SYAM J SAM
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
Crl.MC.No. 2967 of 2011()
APPENDIX
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PETITIONER'S ANNEXURES
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ANNEXURE A1 TRUE COPY OF THE PETITION VIDE M.C.NO.75/2011 ANNEXUREA2 TRUE COPY OF THE OBJECTION FILED IN M.C.NO.75/2011 DATED 08.6.2011 ANNEXURE A3 TRUE COPY OF THE ORIGINAL PETITION VIDE O.P.NO.187/2010 ON THE FILES OF FAMILY COURT,KOTTARAKKARA. ANNEXURE A4: TRUE COPY OF THE CERTIFIED COPY OF THE ORDER IN M.C.NO.75/2011 DATED 8.6.2011.
RESPONDANTS'S EXHIBITS : NIL
/ TRUE COPY /
P.A. TO JUDGE
VK
N.K.BALAKRISHNAN, J.
-------------------------------Crl.M.C. No.2967 of 2011
Dated this the 10th day of November 2011
O R D E R
Petitioner is the respondent in M.C.No.75/2011 pending before the Family Court, Kottarakkara. A petition was filed by the petitioner therein who is the 2nd respondent herein for interim maintenance. The learned Judge, Family Court ordered interim maintenance at the rate of Rs.2,500/per month to be payable to the 2nd respondent herein with effect from 24.2.2011. The petitioner contends that serious objections were filed to Annexure A1 petition filed by the wife for interim maintenance. Annexure A2 is the objection filed by him. The learned counsel submits that the 2nd respondent-wife is employed as a receptionist/accountant in PRS Hospital and she is drawing salary. That is denied by the learned counsel for the respondent-wife. It is also argued that as per Annexure A3 original petition, the
Crl.M.C. No.2967 of 2011
-: 2 :-
respondent-wife claimed maintenance at the rate of Rs.5,000/-. That was a petition filed before the Family Court, Kottarakkara for return of gold and money and also for future maintenance. The fact that the petitioner had married the 2nd respondent is not disputed. It was their 2nd marriage. 2nd respondent had a daughter aged 9 years born through her former husband.
Crl.M.C. No.2967 of 2011
-: 3 :-
untrammelled by the modification effected by this order. Petitioner herein will deposit the balance amount within two weeks from today before the court below and then it shall be released to the respondent-wife.
This Crl.M.C. is disposed of as above.
N.K.BALAKRISHNAN, JUDGE.
Jvt
1 issue framed by the court
Whether the interim maintenance award of Rs. 2,500 per month requires modification considering the wife's alleged income as an employee.
Sreekumar
Bindhu
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
