The High Court disposed of a writ petition challenging an interim maintenance order. The Court directed the Family Court to decide the underlying maintenance case within three months to expedite the process.
Directed the Family Court, Mavelikkara to decide M.C. No.237 of 2021 within three months of receipt of a copy of this judgment.
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 V.G.ARUN
WEDNESDAY, THE 5TH DAY OF JULY 2023 / 14TH ASHADHA, 1945
OP(CRL.) NO. 171 OF 2023
AGAINST THE ORDER/JUDGMENT MC 237/2021 OF FAMILY COURT,
MAVELIKKARA
PETITIONERS
1DHANYA JACOB,
AGED 36 YEARS
D/O JACOB K JOHN KARINGATTIL HOUSE, BETHEL ROAD, NEAR
RLY STATION CHENGANNUR, PIN – 689121
2JUWAN, [ MINOR ]
AGED 8 YEARS
S/O JOHIN MATHEW REPRESENTED BY HIS MOTHER DHANYA
JACOB KARINGATTIL HOUSE, BETHEL ROAD, NEAR RLY
STATION CHENGANNUR, PIN – 689121
3ELYSHA [ MINIR ]
AGED 4 YEARS
D/O JOHIN MATHEW REPRESENTED BY HER MOTHER DHANYA
JACOB, KARINGATTIL HOUSE, BETHEL ROAD, NEAR RLY
STATION CHENGANNUR, PIN - 689121
BY ADVS.
U.BALAGANGADHARAN
R.PRADEEP KUMAR
RESPONDENT/COUNTER PETITIONER
JOHIN MATHEW
AGED 37 YEARS
S/O MATHAI KOCHUMMAN CHAVADIYAZHIKATHU HOUSE, NEAR
CHAVADIYIL JEHOSH COMPLEX POOYAPPALLY P O, DIST -
KOLLAM NOW RESIDING AT ESSA AL QATAMI STREET NEAR
COMFORT CLEAN STREET 1, BLOCK 10, BLDG 38, FLOOR 3
APARTMENT 7, SALMIYA HAWALLY - 22065,
KUWAIT, PIN - 691537
BY ADV Shafeek A
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(Crl)No.171 of 2023
2
JUDGMENT
Dated this the 5th day of July, 2023
The petitioners had approached the Family Court claiming monthly maintenance allowance from the respondent. Their claim was for Rs. 50,000/- as maintenance allowance to the 1st petitioner and Rs.30,000/- each for the 2nd and 3rd petitioners. In the interim maintenance application filed by the petitioners, the Family Court passed the impugned order directing payment of allowance at the rate of Rs.10,000/- to the 1st petitioner and Rs.7500/- each for the two minor children, from the date of petition.
O.P(Crl)No.171 of 2023
3
direct the Family Court to take a final decision in the matter at the earliest, since any observation/finding on merits will have an impact on the final decision to be rendered by the Family Court.
Hence, the Original Petition is disposed of by directing the Family Court, Mavelikkara to take earnest efforts to decide M.C. No.237 of 2021 within three months of receipt of a copy of this judgment. The assurance given by the learned Counsel on either side that the parties will co-operate with the Court for early disposal of the Maintenance Case, is recorded.
Sd/-
V.G.ARUN, JUDGE
smm
O.P(Crl)No.171 of 2023
4
APPENDIX OF OP(CRL.) 171/2023
PETITIONER EXHIBITS
Exhibit P 1A TRUE COPY OF THE MC NO. 237/2021
BEFORE THE HON'BLE FAMILY COURT
MAVELIKARA FILED BY THE PETITIONERS
DATED 7..12,,2021
Exhibit P 2A TRUE COPY OF SCHOOL FEES BANK
RECEIPT DATED 05..01..2022 RS. 6500/-
Exhibit P 2 [ A ]A TRUE COPY OF SCHOOL FEES BANK
RECEIPT DATED 05..04..2022 RS15950/-
Exhibit P 2 [ B ]A TRUE COPY OF CAUTION DEPOSIT RECEIPT
DATED 05..04..2022 RS. 5000/-
Exhibit P 2 [ C [A TRUE COPY OF SCHOOL FEES BANK
RECEIPT DATED 17..05..2022 RS. 13593/-
Exhibit P 3A TRUE COPY OF THE OBJECTIONS FILED BY
THE RESPONDENT HEREIN IN M C NO.
237/2021 BEFORE THE HON'BLE FAMILY
COURT MAVELIKARA
Exhibit P 4. A CERTIFIED COPY OF ORDER DATED
13.06.2022 IN CRL M P 373/21 IN M C
NO. 237/2021 BEFORE THE HON'BLE FAMILY
COURT MAVELIKARA
1 issue framed by the court
Whether the High Court should intervene to direct the Family Court to decide the interim maintenance case within a specific timeframe.
DHANYA JACOB
JUWAN
ELYSHA
JOHIN MATHEW
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court