Dismissed

Anoop Iype Mathew v. Ebin Mathew Iype (Minor)

Kerala HC1 Nov 2022OP(Crl.)/522/2019

Case brief

AI extract

What is this about?

This criminal original petition challenged an interim maintenance order of ₹25,000/month granted to a minor child with disabilities by the Family Court. The High Court found the quantum reasonable and the order free from impropriety, dismissing the challenge. Court said: 'I see no impropriety or illegality in the impugned order.' The petitioner is the father.

What did the court decide?

The original petition was dismissed upholding the Family Court order directing payment of ₹25,000 per month.

Anoop Iype Mathew Vs Ebin Mathew Iype (Minor) — Maintenance and Alimony | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 1^ST DAY OF NOVEMBER 2022 / 10TH KARTHIKA, 1944

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OP(CRL.) NO. 522 OF 2019

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MC 284/2019 OF FAMILY COURT,TRIVANDRUM

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PETITIONER/RESPONDENT IN CMP 317/2019:

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ANOOP IYPE MATHEW AGED 41 YEARS S/O. MATHEW IYPE, CHATHANATTU HOUSE, THOTTABHAGOM P. O., KAVIYOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 541., REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY HOLDER, MATHEW IYPE, AGED 69 YEARS, S/O. LATE C. N. IYPE, CHATHANATTU HOUSE, THOTTABHAGOM P. O., KAVIYOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 541.

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BY ADVS. GEORGE CHERIAN (SR.) SMT.LATHA SUSAN CHERIAN SMT.K.S.SANTHI

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RESPONDENT/PETITIONER IN CMP 317/2019 & THE STATE:

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1 EBIN MATHEW IYPE (MINOR) AGED 11 YEARS S/O. ANOOP IYPE MATHEW, MADUKKANAKUZHIYIL, KURAVANKONAM, KOWDIAR P. O., THIRUVANANTHAPURAM - 695003. (MINOR, REPRESENTED BY HIS NEXT FRIEND/ MOTHER - ACHU SUNITHA VARGHESE, AGED 37, W/O. ANOOP IYPE MATHEW, MADUKKANAKUZHIYIL, KURAVANKONAM, KOWDIAR P. O., THIRUVANANTHAPURAM - 695003.

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O.P.(Crl).No.522/2019

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-:2:-

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

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BY ADVS. SRI.GOPAKUMAR R.THALIYAL SRI.C.M.EMMANUEL

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SRI. P.G MANU, SR. PP

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(Crl).No.522/2019

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J U D G M E N T

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Dated this the 1^st day of November, 2022

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The interim maintenance granted by the Family Court, Thiruvananthapuram in M.C.No.284/2019 is under challenge in this original petition.

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The petitioner is the father of the 1^st respondent who is a minor aged 11 years. The M.C has been filed by the 1^st respondent through his mother claiming maintenance. The court below after hearing both sides directed the petitioner to pay a sum of ₹25,000/- per month as per Ext.P2 order. The said order is under challenge in this original petition.

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I have heard Smt. Santhi K.S, the learned counsel for the petitioner and Sri. Gopakumar R. Thaliyal, the learned counsel for the 1^st respondent.

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There is no dispute that the petitioner is the father of the 1^st respondent. The records would show that the 1^st respondent is having intellectual disability of 58% and also attention deficiency and hyper disorder. It is also reported that

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O.P.(Crl).No.522/2019

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the child is having childhood autism rating 35%. Therefore, for maintenance of the child, huge expenditure is required. Admittedly, the petitioner is working abroad. He is having sufficient means to look after the child. It is the legal and moral responsibility of the petitioner to maintain his own child. The quantum of maintenance appears to be very reasonable, if not inadequate, considering the fact that the child is having disabilities. I see no impropriety or illegality in the impugned order.

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The original petition is dismissed.

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Sd/- DR. KAUSER EDAPPAGATH JUDGE

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O.P.(Crl).No.522/2019

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APPENDIX OF OP(CRL.) 522/2019

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PETITIONER EXHIBITS

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EXHIBIT P1 COPY OF M.C.NO.284/2019 EXHIBIT P2 COPY OF COMMON ORDER DATED 28.9.2019 PASSED BY THE FAMILY COURT, THIRUVANANTHAPURAM IN C.M.P.NO.317/2019 IN C.M.P.NO.305/2019 IN M.C.NO.284/2019.

Anoop Iype Mathew v. Ebin Mathew Iype (Minor)

Case brief

What is this about?

What did the court decide?

Anoop Iype Mathew v. Ebin Mathew Iype (Minor)

Case brief

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What did the court decide?

What the court decided

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