Disposed

K.P.Vijesh v. T.S.Janitha

Kerala HC5 Aug 2019RPFC/105/2019

Case brief

AI extract

What is this about?

High Court disposed of a revision petition challenging a Family Court maintenance order. The Court remitted the matter conditionally, asking the petitioner to pay interim maintenance and clear arrears before the Family Court can re-estimate income and fix final amounts.

What did the court decide?

Revision petition disposed of with remission to Family Court conditional on payment of interim maintenance and arrears.

K.P.Vijesh Vs T.S.Janitha — Maintenance and Alimony | 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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MONDAY, THE 5TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941

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RPFC.NO.105 OF 2019

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MC 453/2016 DATED 17-12-2018 OF FAMILY COURT,THRISSUR

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REVISION PETITIONER/RESPONDENT:

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K.P.VIJESH,

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S/O. KAKKUZHYY VEETTIL PADMANABHAN, AGED 36 YEARS, NEDUMBASSERY VILLAGE, MEKKAD P.O, ALUVA TALUK, PIN-683589, REPRESENTED BY FATHER AND POWER OF ATTORNEY HOLDER, K.R.PADMANABHAN, AGED 68 YEARS, S/O RAMAN, KAKKUZHI VEETTIL, NEDUMBASSERY, MEKKAD P.O, ALUVA, PIN-683589.

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BY ADV. SMT.N.ANJALI

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RESPONDENT/PETITIONER:

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1 T.S.JANITHA AGED 35 YEARS, D/O. SEKHARAN, THALAYOLAPPARAMBIL VEETTIL, THAIKKATTUSSERY VILLAGE & P.O, CHERUSSERRY DESOM, THRISSUR TALUK, PIN-680306.

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2 AMRITHENDU, AGED 6 YEARS, D/O. K.P. VIJESH, THALAYOLAPPARAMBIL VEETTIL, THAIKKATTUSSERY VILLAGE & P.O, CHERUSSERRY DESOM, THRISSUR TALUK, PIN-680306. (MINOR REPRESENTED BY MOTHER JANITHA T.S,)

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BY ADV. SRI.YASH THOMAS MANNULLY

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THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 05.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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-------------------------------------------R.P.(FC) No. 105 of 2019

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Dated this the 5^th day of August, 2019

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O R D E R

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The above RP(FC) is filed under Sec.19(4) of the Family Courts Act to impugne the final order dated 17.12.2018 rendered by the Family Court, Thrissur, in M.C.No.453/2016. As per the said impugned final order the Family Court has directed the petitioner herein (husband) to pay maintenance to R-1 herein (wife) at the rate of Rs.7.500/- per month, and to R-2 herein at the rate of Rs.5,000/- per month, from the date of petition onwards.

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This Court while admitting the above RP(FC) has passed a conditional interim stay order whereby stay of the impugned order was granted subject to the condition that the petitioner herein should pay interim maintenance at the rate of Rs.3,000/- per month each to R-1 and R-2 herein.

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Both sides have been heard. Counsel for the husband would point out that the estimate of income of husband has been done wrongly and without proper evidence. Counsel for the

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..3..

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R.P.(FC) No. 105 of 2019

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respondents (wife and child) would urge that this Court may not interfere in the matter.

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After hearing both sides this Court is of the considered view, that reasonable opportunity should be given to the petitioner to adduce additional evidence, and the matter could be remitted, but subject to conditions. Accordingly the following directions and orders are passed.

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i. The petitioner will pay interim maintenance at the rate of Rs.3,000/- per month each to R-1 and R-2 herein, for the period from date of petition upto 31.8.2019, after deducting all amounts already paid.

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ii. The petitioner should also continue to pay future interim maintenance at the abovesaid rates from September, 2019 onwards, which the petitioner will have to pay by the 10^th of every month.

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iii. In case the petitioner satisfies the Family Court that he has cleared the entire arrears for the abovesaid period from date of petition upto 31.8.2019, then the matter

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..4..

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R.P.(FC) No. 105 of 2019

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will stand remitted to the Family Court for consideration afresh. In such eventuality, the impugned final order dated 17.12.2018 in M.C. No. 453/2016 will stand set aside, and the main matter in M.C. No. 453/2016 will stand remitted to Family Court, Thrissur, for consideration afresh, so as to make a reasonable estimate of the monthly/family income of the petitioner, and then to fix up the maintenance amounts due to the respondents.

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iv. In case the petitioner complies the abovesaid conditions, then the Family Court will permit both sides to adduce additional evidence and orders may be passed afresh finally disposing of M.C. No. 453/2016 without much delay preferably within a period of 3 months after the petitioner deposits the abovesaid arrear amounts as directed herein above.

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v. However it is made clear that, in case the petitioner does not comply with the abovesaid direction to pay the

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R.P.(FC) No. 105 of 2019

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..5..

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unpaid maintenance arrears for the abovesaid period at the abovesaid rates for the period from the date of petition upto 31.8.2019, then the benefit of abovesaid directions will stand automatically vacated in which case the impugned final order dated 17.12.2018 in M.C. No. 453/2016 rendered by the Family Court, Thrissur, will stand restored and the respondents herein will get liberty to execute the said order without any further orders from this Court.

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vi. It is also made clear that in case both sides expresses a

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consent to enter on a mediation, then those aspects could also be appropriately decided by the Family Court.

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With these observations and directions the above RP(FC) will stand disposed of.

Sd/-

ALEXANDER THOMAS,

JUDGE

MMG

K.P.Vijesh v. T.S.Janitha

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K.P.Vijesh v. T.S.Janitha

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