Allowed

Shameer B.L. v. State of Kerala

Kerala HC14 Jun 2019Crl.Rev.Pet/717/2019

Case brief

AI extract

What is this about?

This revision petition challenged the enhancement of interim maintenance under the D.V. Act, 2005. The High Court set aside the Sessions Court's enhancement, directed the husband to pay Rs. 5,000 to the wife and Rs. 2,500 to the child, and ordered final disposal of the main matter within three months.

What did the court decide?

Interim maintenance fixed at Rs. 5,000 to wife and Rs. 2,500 to child; main matter to be disposed of within three months.

Shameer B.L. Vs State of Kerala — Domestic Violence | Kerala HC (2019)

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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 ALEXANDER THOMAS

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FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941

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Crl.Rev.Pet.No.717 of 2019

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AGAINST THE JUDGMENT IN CRL.A 64/2016 of II ADDITIONAL DISTRICT & SESSIONS COURT,ERNAKULAM

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AGAINST THE ORDER MP 3635/2015 IN MC 52/2015 of JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI

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REVISION PETITIONERS/RESPONDENT NOS.2 AND 3:

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1 SHAMEER B.L.,AGED 33 YEARS S/O N.M LATHEEF, BALAYILPARAMBIL HOUSE, VATTEKUNNAM,PEECHINGAPARAMBU,C.P.LINE -2ND, HOUSE NO.111,A.I.M.S(P.O)EDAPPILLY,ERNAKULAM,KOCHI-682024.

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2 SAINABA LATHEEF,AGED 56 YEARS,W/O N.M LATHEEF, BALAYILPARAMBIL HOUSE, VATTEKUNNAM, PEECHINGAPARAMBU,C.P.LINE-2ND,HOUSE NO.111,A.I.M.S(P.O), EDAPPALLY, ERNAKULAM, KOCHI 682024.

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BY ADVS. SRI.ASHIK K.MOHAMMED ALI SMT.JESSY GEORGE SMT.M.K.LEELA SMT.P.K.JAYASREETHANKACHI

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RESPONDENTS/STATE AND APPELLANTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

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2 THANSILA S.K.,AGED 24 YEARS W/O SHAMEER B.L, HOUSE NO.22/1826, INDIRAGANDHI ROAD, PAMBAIMOOLA, EDAKOCHI, KOCHI-682006

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3 HANA PARVIN,AGED 3 YEARS D/O SHAMEER B.L, HOUSE NO.22/1826, INDIRAGANDHI ROAD, PAMBAIMOOLA, EDAKOCHI, KOCHI-682006

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OTHER PRESENT:

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SRI.T.R.RENJITH, PUBLIC PROSECUTOR

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.R.P.No.717/2019

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ALEXANDER THOMAS, J.

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Crl.R.P.No.717 of 2019

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---------------------------------------------Dated this the 14^th day of June, 2019

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ORDER

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The wife has filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V.Act) her under the provisions of the D.V. Act claiming maintenance to be paid by her husband to her and to the minor child. The learned Magistrate has passed an interim order dated 25.1.2019 on M.P.No.3635/2015 in M.C.No.52/2015 directing that the husband will pay interim maintenance to the wife and the child at the rate of Rs.4,000/- per month and Rs.2,000/- per month respectively before the 5^th of every month with effect fom 5.3.2016. Claiming that the said amounts are on the lower side, the wife and the child had preferred Criminal Appeal before the Court of II Additional Sessions Judge, Ernakulam as Crl.Appeal No.64/2016, wherein the said appellate Court has enhanced the interim maintenance to the wife and the child as Rs.8,000/ per month and Rs.4,000/- respectively to be paid to them. It is aggrieved by the said enhancement of the interim maintenance that the petitioners have filed the instant criminal revision petition.

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Crl.R.P.No.717/2019 3

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It is seen that the main matter in M.C.No.52/2015 is still pending before the Judicial First Class Magistrate Court-II, Kochi. Therefore the interest of justice would only be advanced by directing that the learned Magistrate shall take all reasonable endeavours possible under the circumstances to ensure the expeditious final disposal of the main matter in M.C.No.52/2015, after affording reasonable opportunity and after hearing both sides, without much delay preferably within a period of three months from the date of receipt of a certified copy of this order. Purely as an interim arrangement, it is ordered that the 1^st petitioner herein (husband) will pay interim maintenance at the rate of Rs.5,000/- per month to the wife and Rs.2500/- per month to the child with effect from 5.3.2016. In case, the 1^st petitioner has paid any amounts in that regard, the same could be adjusted. The present arrears accrued by way of interim maintenance as directed above should be cleared by the 1^st petitioner within six weeks from today. The 1^st petitioner shall continue to pay the current interim maintenance to the wife and the child at the said rate directed herein above before the 10^th of every month, which shall be either remitted by him directly to the bank account of the wife or may be deposited before the Family Court, upon which the said Court will release the said amount to the wife and the child. The said interim direction will supersede

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Crl.R.P.No.717/2019

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the interim directions issued by the Courts below. The said interim arrangement made by this Court shall not in any manner trammel or influence the Family Court while deciding the issues finally, which shall be rendered by the said Court independently.

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With these observations and directions, the above Crl.R.P will stand disposed of.

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sd/-

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ALEXANDER THOMAS, JUDGE

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acd

Shameer B.L. v. State of Kerala

Case brief

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Shameer B.L. v. State of Kerala

Case brief

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