Allowed

Krishna Priya G. Menon v. K.P.Viju

Kerala HC28 Sept 2012OP (FC)/2126/2012

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging an interim maintenance order. The court modified the order to increase the interim maintenance amount to Rs. 4,000, directed payment of Rs. 25,000 for the minor's education annually, and issued a direction to the Family Court to dispose of the pending case within four months.

What did the court decide?

Modified Ext.P1 order: Respondent to pay Rs.4,000 interim maintenance and Rs.25,000 per year for minor's education; Family Court to dispose of main case within 4 months.

Krishna Priya G. Menon Vs K.P.Viju — Maintenance and Alimony | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE &

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THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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FRIDAY, THE 28TH DAY OF SEPTEMBER 2012/6TH ASWINA 1934

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OP (FC).No. 2126 of 2012 (R)

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--------------------------------------IN M.P.NO.133/12 IN MC.NO.270/2011 of FAMILY COURT, ERNAKULAM

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PETITIONERS/PETITIONERS:

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1. KRISHNAPRIYA G. MENON, AGED 31 YEARS, W/O.VIJU K.P., 2ND FLOOR B, LEKHA APARTMENTS, OPPOSITE POORNATHRAYEESA TEMPLE, TRIPUNITHURA-682301.

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2. GOWRI(MINOR) AGED 7 YEARS, D/O.VIJU K.P., 2ND FLOOR B LEKHA APARTMENTS, OPPOSITE POORNATHRAYEESA TEMPLE, TRIPUNITHURA-682 301. (REPRESENTED BY HER MOTHER AND GUARDIAN KRISHNAPRIYA G.MENON)

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BY ADVS.SRI.S. P.CHALY SMT.JASMIN BABY K. SRI.R.SANJITH SMT.SINDHU KRISHNAN C.S.

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RESPONDENT/RESPONDENT:

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K.P.VIJU (KIZHAKKATHAYYIL PRABHAKARAN VIJU) KIZHAKKETHAYYIL, MAMPUZHA, KULAYETTIKKARA P.O. ERNAKULAM-682315. PRESENT ADDRESS PROCESS ENGINEER NIGERIAN NATIONAL PETRO CHEMICAL COMPANY, WARRY, LAGOS, NIGERIA.

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BY ADVS. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE SRI.DESI MATTHAI

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THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MJL

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OP (FC).No. 2126 of 2012 (R)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE ORDER IN M.P.NO.133/2012 IN M.C.NO.270/2012 OF THE LEARNED FAMILY COURT, ERNAKULAM EXT.P2 : TRUE COPY OF THE INTERIM MAINTENANCE PETITION FILED BY THE PETITIONERS EXT.P3 : TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P A TO JUDGE

MJL

PIUS C. KURIAKOSE &

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BABU MATHEW P. JOSEPH, JJ.

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O.P.(FC) No. 2126 OF 2012

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Dated this the 28^th day of September, 2012

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J U D G M E N T

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PIUS C. KURIAKOSE, J

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Having considered the rival submissions addressed at the Bar, we are of the view that this original petition in which Ext.P1 order for interim maintenance passed by the Family Court, Ernakulam is under challenge can be allowed to a certain extent. Accordingly, we allow the original petition and modify Ext.P1 order to the following extent.

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The respondent shall pay to the petitioners who are respectively wife and child of the respondent, a total sum of Rs.4,000/- as interim maintenance pending final disposal of M.C.270 of 2001. Apart from the above amount the respondent

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O.P.(FC) No. 2126 OF 2012

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-:2:-

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shall also pay towards educational expenses of the 2^nd petitioner

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a consolidated amount of Rs.25,000/- each academic year. There will be a further direction to the Family Court, Ernakulam to expedite matters in M.C.270 of 2011 and to facilitate final disposal of that M.C. in accordance with law, at the earliest and at any rate within four months or receipt of a copy of this judgment.

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The O.P.(FC) is disposed of as above.

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Sd/- ( PIUS C. KURIAKOSE, JUDGE) Sd/- (BABU MATHEW P. JOSEPH, JUDGE)

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ul/-

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[True copy]

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P.S. to Judge.

Krishna Priya G. Menon v. K.P.Viju

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Krishna Priya G. Menon v. K.P.Viju

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