The Court disposed of a writ petition challenging an interim maintenance order at the stage of voluntary appearance by the respondent, granting liberty to vary the order in the Family Court.
Liberty granted to the petitioner to move the Family Court to vary or modify the maintenance order within two weeks.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
OP (FC) NO. 362 OF 2021
AGAINST THE ORDER DATED 23.4.2021 IN MP 362/2019 IN MC 148/2019 OF FAMILY COURT, ETTUMANOOR AT KOTTAYAM
PETITIONER/RESPONDENT:
SANIL K.SADASIVAN, AGED 29 YEARS, S/O SADASIVAN, KAVOOR HOUSE, KADAYANIKKADU PO KOTTAYAM 686541
BY ADVS.
MILLU DANDAPANI RAMEEZ NOOH
RESPONDENT/PETITIONER:
ANUJA S.SASI, AGED 27 YEARS, D/O M.K. SASI, MATTATHILKAROTTU (H), PEROOR PO, KOTTAYAM 686637
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(FC) No.362/2021
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J U D G M E N T
Dated this the 23rd day of July, 2021
A.Muhamed Mustaque,J.
When this matter was taken up before this court for admission, respondent voluntarily appeared through her counsel Sri.Praveen Hariharan. Hence without issuing notice, we are disposing of the case at the admission stage.
application for interim maintenance and the Family Court can vary the order already passed on sufficient grounds. We may not be justified in interfering with an
O.P.(FC) No.362/2021
order passed in an application for maintenance on factual grounds. Therefore, we give liberty to the petitioner to move the Family Court to vary or modify the order passed. If application for such variation or modification is filed within two weeks from today, that shall be taken up within one month and appropriate orders shall be passed thereon.
With the above observations and directions, we dispose of this original petition.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge
O.P.(FC) No.362/2021
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APPENDIX OF OP (FC) 362/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF OP NO.1464/2018 FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT,KOTTAYAM AT ETTUMANOOR DTD.27.11.2018. Exhibit P2 TRUE COPY OF OP NO.1465/2018 FILED BY THE RESPONDENT BEFORE THE HON'BLE FAMILY COURT,KOTTAYAM AT ETTUMANOOR DTD.27.11.2018. Exhibit P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN OP NO.1464/2018 DTD.31.03.2021 BEFORE THE HON'BLE FAMILY COURT,KOTTAYAM AT ETTUMANOOR Exhibit P4 TRUE COPY OF THE OBJECTION AND COUNTERCLAIM FILED BY THE PETITIONER IN OP NO.1465/2018 BEFORE THE HON'BLE FAMILY COURT,KOTTAYAM AT ETTUMANOOR DTD.13.08.2019 Exhibit P5 TRUE COPY OF THE PETITION SEEKING MAINTENANCE VIZ.MC NO.148/2019 DTD.24.08.2019 FILED BEFORE THE FAMILY COURT KOTTAYAM AT ETTUMANOOR Exhibit P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN MC NO.148/2019 DTD.25.02.2020 FILED BEFORE THE HON'BLE FAMILY COURT,KOTTAYAM AT ETTUMANOOR.
O.P.(FC) No.362/2021
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| Exhibit P7 | TRUE COPY OF THE PETITION SEEKING MAINTENANCE FILED BY THE RESPONDENT AGAINST THE PETITIONER VIZ.MP.362/2019 IN MC NO.148/2019 DTD.24.08.2019 FILED BEFORE THE FAMILY COURT KOTTAYAM AT ETTUMANOOR |
|---|---|
| Exhibit P8 | TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN CMP NO.362/2019 IN MC NO.148/2019 DTD.03.03.2020 BEFORE THE HON'BLE FAMILY COURT,KOTTAYAM AT ETTUMANOOR. |
| Exhibit P9 | TRUE COPY OF THE ORDER DATED 08.03.2021 IN OP(FC)NO.178/2021 PASSED BY THE HON'BLE HIGH COURT OF KERALA. |
| Exhibit P10 | TRUE CERTIFIED COPY OF THE ORDER DTD.23.04.2021 PASSED BY THE HON'BLE FAMILY COURT IN MP NO.362/2019 IN MC NO.148/2019 ON THE FILES OF HON'BLE FAMILY COURT KOTTAYAM AT ETTUMANOOR. |
| Exhibit P11 | TRUE COPY OF THE RELEVANT PAGES OF THE PETITIONER'S PASSPORT NO.Z1997579 SHOWING HIS EXIT FROM UAE ON 28.08.2020. |
| Exhibit P12 | TRUE COPY OF THE ADDITIONAL OBJECTION DTD.13.07.2021 FILED BY THE PETITIONER IN MC NO.148/2019 ON THE FILES OF HON'BLE FAMILY COURT KOTTAYAM AT ETTUMANOOR. |
| Exhibit P13 | TRUE COPYOF THE BROCHURE OF THE MBA-WORK MODE (EVENING/WEEKEND)COURSE OFFERED BY THE MANIPAL ACADEMY OF HIGHER EDUCATION, DUBAI CAMPUS IN WHICH THE RESPONDENT IS PRESENTLY STUDYING. |
1 issue framed by the court
Whether the High Court can interfere with the Family Court's interim maintenance order without issuing notice.
Sanil K.Sadasivan
Anuja S.Sasi
A.Muhamed Mustaque
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
