The High Court of Kerala disposed of an Original Petition under Article 227 challenging an interim maintenance order. The court refused to revisit the Family Court's order granting Rs.8,000/- to the wife and minor child, noting that the final amount would be decided later based on evidence.
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. BADHARUDEEN
THURSDAY, THE 27TH DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944
OP(CRL.) NO. 84 OF 2022
AGAINST THE ORDER/JUDGMENT IN MC 26/2021 OF FAMILY COURT,ERNAKULAM PETITIONER/RESPONDENT:
V JAYAPRAKASH AGED 53 YEARS, SON OF VASUDEVAN, CHIRAYIL HOUSE, ADICHANALLOOR POST, KAITHAKUZHY, ADICHANALLOOR VILLAGE, KOLLAM, PIN - 691573 BY ADVS. GISA SUSAN THOMAS ANJANA G. JOBIN JOSE P.
RESPONDENTS/PETITIONERS:
1 REMYA JAYAPRAKASH AGED 42 YEARS, DAUGHTER OF RAMACHANDRAN, VAYALIL HOUSE, THACHAPPILLY ROAD, SOUTH ADUVASSERY, ADUVASSERY POST, KUNNUKARA VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN - 683578
2 AARCHA JAYAPRAKASH AGED 9 YEARS DAUGHTER OF JAYAPRAKASH, VAYALIL HOUSE, THACHAPPILLY ROAD, SOUTH ADUVASSERY, ADUVASSERY POST, KUNNUKARA VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN - 683578 BY ADVS. RESMI NANDANAN SHAIJAN C GEORGE C GEORGE VINAI JOHN(K/1116/2021) NEEBA A.B.(K/180/2006)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P (Crl) No. 84 of 2022
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JUDGMENT
Dated this the 27th day of October, 2022
In this Original Petition filed under Article 227 of the
Constitution of India, interim order of maintenance passed by the Family Court, Ernakulam in Crl.M.P.No.99/2021 in M.C.No. 26/2021 dated 06.10.2021 is under challenge.
O.P (Crl) No. 84 of 2022
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Rs.8,000/- each as interim maintenance.
The order impugned is an interim order and the final amount of maintenance entitled shall be decided on evidence in the M.C. and therefore both parties can adduce their evidence to substantiate their respective contentions. However I am not inclined to revisit the interim order granting Rs.8,000/- each to petitioners for any reason. Accordingly this original petition fails and is dismissed.
Sd/-
A. BADHARUDEEN JUDGE
SK/27.10
O.P (Crl) No. 84 of 2022
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APPENDIX OF OP(CRL.) 84/2022
PETITIONER'S EXHIBITS
| EXHIBIT-P1 | COPY OF THE MAINTENANCE CASE NO.26/2021 FILED BEFORE FAMILY COURT, ERNAKULAM |
|---|---|
| EXHIBIT-P2 | COPY OF THE MP NO.99/2021 IN M.C.NO.26/2021 FILED BEFORE FAMILY COURT, ERNAKULAM |
| EXHIBIT-P3 | COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN M.P.NO.99/2021 |
| EXHIBIT-P4 | COPY OF FACEBOOK PAGE AARCHA'S COLLECTIONS -DESIGN AND FASHION-WOMEN'S ONLINE STORE IN |
| EXHIBIT-P5 | COPY OF INTERIM ORDER DATED 06/10/2021 IN M.P.NO.99/2021 IN M.C.NO.26/2021 ON THE FILE OF FAMILY COURT, ERNAKULAM |
| EXHIBIT-P6 | RECEIPTS SHOWING THE AMOUNT SENT BY THE PETITIONER TO THE ACCOUNT MAINTAINED BY THE R1 |
| EXHIBIT-P7 | COPY OF THE FEE RECEIPT DATED 17.12.2021 FOR RS.21,860/- DURING THE ACADEMIC YEAR 2021-2022 |
| EXHIBIT-P8 | COPY OF THE FEE RECEIPT DATED 04/03/2022 FOR RS.14,700/- DURING THE ACADEMIC YEAR 2021-2022 |
RESPONDENTS' EXHIBITS
| EXHIBIT R1(a) | TRUE COPY OF DISCHARGE SUMMARY FROM DISTRICT AYURVEDA HOSPITAL DATED 21-05-2022. |
|---|---|
| EXHIBIT R1(b) | TRUE COPY OF THE REPORT FROM CLINICAL PSYCHOLOGIST MRS. JINI K.A OF RENAI MEDICITY MULTI SPECIALITY HOSPITAL |
| EXHIBIT R1(c) | SCREEN SHOT OF THE FACEBOOK PAGE AARCHAS COLLECTIONS. |
| EXHIBIT R1(d) | TRUE COPY OF THE DISABILITY REGISTRATION FORM DATED 21-06-2022 ACCOMPANIED WITH THE MEDICAL CERTIFICATE DATED 30-10-2021 ISSUED FROM /SANTHWANAM CLINIC, ANGAMALY |
| EXHIBIT R1(e) | TRUE COPY OF THE UNIQUE DIASABILITY ID ISSUED TO R1 BY THE GOVT. OF INDIA. |
2 issues framed by the court
Whether the interim maintenance of Rs.8,000/- granted by the Family Court should be revisited on the Original Petition filed under Article 227.
Whether the respondent's employment abroad and the petitioner's online business justify increasing or altering the interim maintenance amount.
V JAYAPRAKASH
REMYA JAYAPRAKASH
AARCHA JAYAPRAKASH
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
