High Court reduced interim maintenance from Rs.6000 to Rs.5000 per month granted by Family Court, reducing order to clear arrears within four weeks while main petition is pending on evidence.
Interim maintenance reduced to Rs.5000 per month; arrear to be cleared in four 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. BADHARUDEEN
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
OP(CRL.) NO. 36 OF 2023
AGAINST THE ORDER DATED 27.06.2022 IN CRL. M.P.NO. 366/2020 IN MC
249/2020 OF FAMILY COURT,KOLLAM
PETITIONER/RESPONDENT:
RAJEEV.S. NAIR AGED 35 YEARS S/O B. SASIDHARAN NAIR, RESIDING AT T.C. 6/280, SREEVISHAKH, NETAJI ROAD, NRRA - 8, VATTIYOORKAVU, THIRUVANANTHAPURAM,, PIN – 695 013. BY ADV K.RAJESH KANNAN
RESPONDENTS/PETITIONER:
R. LEKSHMI SENAN D/O R. CHANDRASENAN NAIR, SANTHI DEEPTHI, AMMAN NADA, VADAKKEVILA VILLAGE, PATTATHANAM P.O., KOLLAM,, PIN – 691 021.
BY ADVS. BINU GEORGE HEMALATHA(K/1287/1999)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O .P.(Crl.) No. 36/2023
: 2 :
A. BADHARUDEEN, J.
--------------------------------------------------------O.P.(Crl.) No. 36 of 2023
Dated this the 23nd day of August, 2023.
JUDGMENT
This Original Petition has been filed under Article 227 of the Constitution of India challenging Exhibit P2 order dated 22.06.2022 in Crl. M.P. No. 366 of 2020 in M.C. No. 249 of 2020 on the files of the Family Court, Kollam.
O .P.(Crl.) No. 36/2023
: 3 :
impugned does not require any interference.
sd/-
A. BADHARUDEEN, JUDGE
Rv
O .P.(Crl.) No. 36/2023 : 4 :
APPENDIX OF OP(CRL.) 36/2023
PETITIONER’S EXHIBITS:
| Exhibit P1 | TRUE COPY OF THE OBJECTION DATED 5.1.2022 FILED BY THE PETITIONER IN M.C. NO.249/2020 ON THE FILE OF HONOURABLE FAMILY COURT, KOLLAM. |
|---|---|
| Exhibit P2 | CERTIFIED COPY OF ORDER DATED 27.6.2022 IN CRL.M.P. NO.366/2020 IN M.C. NO.249/2020 OF THE HONOURABLE FAMILY COURT, KOLLAM. |
| Exhibit P3 | TRUE COPY OF THE SALARY CERTIFICATE DATED 15.9.2022 ISSUED BY THE COMPANY "1 TOUCH AG" TO THE PETITIONER. |
RESPONDENTS’ EXHIBITS: NIL
True Copy
PS To Judge.
rv
2 issues framed by the court
Whether the interim maintenance granted by the Family Court requires interference in the interest of justice
Whether the interim maintenance amount should be reduced
1 provisions across 1 enactments
RAJEEV.S. NAIR
R. LEKSHMI SENAN
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
