The High Court dismissed the appellant husband's appeal challenging the interim maintenance order in a domestic dispute. The court upheld the Family Court's discretion to grant maintenance fixed by the lower court, noting the appellant's income and the pendency of a DV case.
Two months' time granted to the petitioner to pay the balance arrears of maintenance.
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 K.T.SANKARAN
&
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
TUESDAY, THE 26TH DAY OF JUNE 2012/5TH ASHADHA 1934
OP (FC).No. 1716 of 2012 (R)
MC.100/2011 of FAMILY COURT,TRIVANDRUM
PETITIONER(S):
DILEEP KUMAR.A, AGED 35 YEARS S/O.THE LATE AYYAPPAN PILLAI, T.C.68/2411/1 INDIRA VILASOM, THIRUVALLOM P.O. THIRUVANANTHAPURAM.
BY ADV. SRI.S.V.RAJAN
RESPONDENT(S):
REPRESENTED BY HER MOTHER AND GUARDIAN
1ST RESPONDENT.
BY ADV. SRI.B.MOHANLAL BY ADV. SRI.T.PRASAD BY ADV. SRI.SAIJU S.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 26-062012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (FC).No. 1716 of 2012 (R)
A P P E N D I X
PETITIONER'S EXHIBITS :
EXT.P1 : TRUE COPY OF THE ORIGINAL PETITION IN M.C.NO.100/2011 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM.
EXT.P2 : TRUE COPY OF THE APPLICATION (I.A.631 OF 2011) FOR INTERIM MAINTENANCE FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT, TRHIRUVANANTHAPURAM IN MC NO.100/2011.
EXT.P3 : TRUE COPY OF THE STATEMENT OF OBJECTION DT. 27.9.2011 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM IN M.C.NO.100/2011.
EXT.P4 : TRUE COPY OF THE ORDER OF THE ADDL.CHIEF JUDICIAL MAGISTRATE'S COURT, THIRUVANANTHAPURAM DT. 16.12.2011 IN CMP NO.2667/2011 IN MC NO.82/2011.
EXT.P5 : CERTIFIED COPY OF THE ORDER DT. 8.3.2012 OF THE FAMILY COURT, THIRUVANANTHAPURAM IN I.A.NO.631/2011 IN MC NO.100/2011.
EXT.P6 : TRUE COPY OF THE SALARY PARTRICULARS OF THE PETITIONER DT. 30.3.2012 ISSUED FROM THE OFFICE OF THE BSNL.
EXT.P7 : TRUE COPY OF THE LOAN STATEMENT FROM 1.4.2011 TO 30.3.2012 ISSUED TO THE PETITIONER FROM SYNDICATE BANK, PATTOM BRANCH, THIRUVANANTHAPURAM.
EXT.P8 : TRUE COPY OF THE LOAN STATEMENT FROM 1.1.2010 TO 31.3.2012 ISSUED TO THE PETITIONER FROM STATE COOPERATIVE BANK MAIN BRANCH, LMS COMPOUND.
(TRUE COPY)
TGS
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
Original Petition (FC) No.1716 of 2012
Dated 26th June, 2012.
J U D G M E N T
K.T.Sankaran, J.
The respondents filed M.C.No.100 of 2011 on the file of the Family Court, Thiruvananthapuram against the petitioner, claiming maintenance to the 1st respondent and her minor child (2nd respondent) at the rate of Rs.10,000/- and Rs.5,000/respectively. She also filed an application for interim maintenance.
OP(FC) No.1716 of 2012
2
I.A.No.631 of 2011. The court below took into account the job and income of the husband and held that his wife and child are entitled to interim maintenance at the rate of Rs.3,000/- and Rs.2,000/- respectively. The petitioner is working as a Senior Telecom Assistant in B.S.N.L. and he is getting a salary of Rs.35,000/- per month.
OP(FC) No.1716 of 2012
3
Rs.35,000/-. In the facts and circumstances, we are of the view that the court below was right in fixing the interim maintenance at the rate of Rs.3,000/- and Rs.2,000/- to the wife and the child respectively. The court below also took note of the pendency of a case before the Magistrate's Court filed by the wife under the Protection of Women from Domestic Violence Act. The court below held that if any amount is ordered to be paid in the said proceeding, the petitioner herein would be entitled to get set off of that amount in the present case.
Accordingly, the Original Petition (Family Court) is dismissed. However, the petitioner is granted two months' time
OP(FC) No.1716 of 2012
4
to pay the entire balance amount as per the order impugned in this Original Petition.
Sd/-
K.T.SANKARAN, JUDGE.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
2 issues framed by the court
Whether the Family Court was justified in granting interim maintenance to the wife and minor child.
Whether the petitioner is entitled to time to pay the balance arrears of maintenance.
DILEEP KUMAR.A
SUJITHA.S.R.
SNEHA.S.NAIR
K.T.SANKARAN
M.L.JOSEPH FRANCIS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
