Disposed

Fasil, v. Arshina

Kerala HC11 Mar 2024OP(Crl.)/247/2023

Case brief

AI extract

What is this about?

Challenge to an interim Family Court order granting Rs.5000 monthly maintenance each to wife and minor child. The High Court, noting regular payment of Rs.5000 under its earlier interim direction, made that interim order absolute and directed expeditious disposal of the maintenance case.

What did the court decide?

Interim order dated 21-03-2023 made absolute; Family Court directed to dispose of M.C. No.171/2020 expeditiously.

Fasil, Vs Arshina — Maintenance and Alimony | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945

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OP(CRL.) NO. 247 OF 2023

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AGAINST THE ORDER/JUDGMENT DATED IN MC NO.171 OF 2020 OF FAMILY
COURT, CHAVARA DATED 31-03-2022)
ORDER IN CRL.M.P.NO.255/2022 IN MC 171/2020, FAMILY COURT, CHAVARA
DATED 29-11-2022

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PETITIONER:

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FASIL,
AGED 35 YEARS
S/O FASALUDEEN, KALPAS NO.2, MENAMPALLY, MUKUNDAPURAM
P.O., CHAVARA, KOLLAM,, PIN - 691585
BY ADVS.
V.PREMCHAND
SURYA MOHAN P.
FATHIMA SHALU S.

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RESPONDENTS:

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1 ARSHINA,

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AGED 25 YEARS
D/O ABDUL HAMEED, OLIKKARAKIZHAKKATHIL, MUKUNDAPURAM,
CHAVARA, KOLLAM., PIN - 691583

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2ASRIN AYISHA,(MINOR)
AGED 2 YEARS
D/O FASIL. OLIKKARAKIZHAKKATHIL, MUKUNDAPURAM, CHAVARA,
KOLLAM, MINOR REPRESENTED BY HER MOTHER ARSHINA (1ST
RESPONDENT HEREIN), OLIKKARAKIZHAKKATHIL, MUKUNDAPURAM,
CHAVARA, KOLLAM., PIN - 691585

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BY ADVS.
R.KISHORE (KALLUMTHAZHAM)
AMAR S.R.(K/1932/2020)
NIDHIN REJI KURIAKOSE(K/1196/2012)

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OTHER PRESENT:

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SRI. NOUSHAD K.A. (PP)

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CRL.) NO. 247 OF 2023

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BECHU KURIAN THOMAS, J.

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O.P.(Crl). No. 247 of 2023

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Dated this the 11^th day of March, 2024

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JUDGMENT

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Petitioner challenges the order dated 31-03-2022 in Crl.M.P.No. 230/2021 in M.C.No. 171/2020 on the files of the Family Court, Chavara.

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As per the impugned order, a monthly maintenance of Rs.5000/- was directed to be paid to each of the petitioners. Perusal of the cause title indicates that 1^st petitioner was only 23 years old in 2020 while the 2^nd petitioner was only two months old.

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When the matter came up for admission, this Court directed the petitioner to pay the interim maintenance of Rs.5000/- from the date of the interim order.

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Learned counsel for the petitioner submitted that the amount of Rs.5000/-, is being paid regularly without any default, while the counsel for the respondent disputed the said submission.

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Notwithstanding the aforesaid dispute, since the challenge is only against the interim order of maintenance and

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OP(CRL.) NO. 247 OF 2023

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in the interim order dated 21-03-2023, this Court had directed Rs.5000/- to be paid from the date of the interim order, I am of the view that this original petition can be disposed of by making the interim order absolute and by directing the Family Court to dispose of the maintenance case at the earliest, in accordance with law.

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Accordingly, the interim order dated 21-03-2023 is made absolute and the Family Court, Chavara, shall dispose of M.C.No.171/2022, as expeditiously as possible, untrammeled by any of the observations in the order directing payment of interim maintenance or even in the interim order of this Court dated 21-03-2023. Needless to mention, if the parties agree for a mediation, the Family Court will be at liberty to pursue the said remedy as well.

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This original petition is disposed of as above.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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AJM

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OP(CRL.) NO. 247 OF 2023

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APPENDIX OF OP(CRL.) 247/2023

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PETITIONER EXHIBITS

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Exhibit-P1 A TRUE COPY OF THE MC NO. 171/2020DATED 25/09/2020 BEFORE THE FAMILY COURT, CHAVARA FILED BY THE 2ND RESPONDENT

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Exhibit-P1(a) A TRUE COPY OF THE INTERIM MAINTENANCE DATED 14-07-2021 IN CRL.M.P.NO.230./2021 IN M.C.NO.171/2020 BEFORE THE FAMILY COURT CHAVARA

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Exhibit-P2 A TRUE COPY OF THE OBJECTION DATED NIL IN MC NO. 171/2020FILED BY THE PETITIONER

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Exhibit-P3 A TRUE COPY OF ORDER DATED 31/03/2022 IN CRL.MP NO.230/2021 IN MC NO.171/2020 OF FAMILY COURT, CHAVARA

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Exhibit-P4 A TRUE COPY OF THE REVIEW PETITION DATED 20/04/2022 BEFORE THE HON'BLE FAMILY COURT, CHAVARA, DATED 20-42022

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Exhibit-P5 A TRUE COPY OF THE ORDER DATED 29/11/2022 IN CRL.MP NO.255/2022 IN MC NO.171/2020 PASSED BY THE HON'BLE FAMILY COURT, CHAVARA

Fasil, v. Arshina

Case brief

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Fasil, v. Arshina

Case brief

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