Shine v. State of Kerala
Case brief
What is this about?
High Court of Kerala quashed an interim maintenance order because the petitioner was deprived of an opportunity to file objections, violating natural justice, and directed the lower court to reconsider.
What did the court decide?
Annexure-C order set aside. Learned Family Court, Neyyattinkara, directed to reconsider and pass fresh orders within four weeks with notice to both sides.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
MONDAY,THE3RDDAYOFJULY2023/12THASHADHA,1945
CRL.MCNO.4928OF2021
AGAINST THE ORDER DATED 11.8.2021 IN CRL.M.P NO.1/2021 IN MC 153/2021 OF FAMILY COURT,THIRUVANANTHAPURAM PETITIONER/COUNTER PETITIONER:
SHINE
S/OWILLIAM,THOTTAMVEEDU,KADAVAKUZHI,VILAVAMCODETALUK,
KANYAKUMARIDISTRICT,TAMILNADU,NOWWORKINGINAADESH
SHIP,INDIANCOASTGUARD,TUTICORINDISTRICT,TAMILNADU.
BYADVSHAJINS.HAMEED
RESPONDENTS/STATE & PETITIONER:
1STATEOFKERALA
REPRESENTEDBYTHEPUBLICPROSECUTOR,
HIGHCOURTOFKERALA,ERNAKULAM,PIN-682031.
2AKHICHANDRAN
AGED25YEARS
D/OMINIGODWIN,GODWINBHAVAN,EDUKKATHUKONAM,
ELLUVILAP.O,KUNNATHUKALVILLAGE,NEYYATTINKARA,
THIRUVANANTHAPURAMDISTRICT,PIN-695504.
BYADVS.
BENETSELVANS.
E.D.GEORGE(K/61/1996)
SRI.T.RRENJITH,SR.PP
Issues for consideration
2 issues framed by the court
Whether the interim maintenance order passed without notice violates the principles of natural justice.
Whether the Family Court order directing the petitioner to pay interim maintenance is sustainable.
Parties & counsel
- petitioner
Shine
- respondent
State of Kerala
- respondent
A Kichandran
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court