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Sureshkumar Vs Devananda — Kerala HC (2025) — LawSathi Research

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Kerala HC
2025
Sureshkumar Vs DevanandaSureshkumar v. Devananda

Dismissed¶30

Sureshkumar v. Devananda

Interim maintenance – minor child

Kerala HC25 Mar 2025OP(Crl.)/818/2024

Case brief

AI extract

What is this about?

O.P.(Crl.) No. 818 of 2024, High Court of Kerala (Ernakulam), decided 25.03.2025 by Dr. Justice Kauser Edappagath. Challenge to interim maintenance order dated 03.07.2024 in Crl.M.P.No.227 of 2024 in M.C.No.210 of 2021 of Family Court, Palakkad granting Rs.6,000/- per month to a 6-year-old girl (respondent No.1, Devananda, represented through mother/respondent No.2, Rajeswari) dismissed. Father's liability affirmed on undisputed paternity; plea of unemployment rejected as petitioner is able-bodied with no disability pleaded; respondents claimed he earns Rs.1,00,000/- per month as Nursing Manager at Jaytee Hospital, Noida, Gujarat. Exhibits include cross-FIRs of Karunagappally Police Station alleging offences under various IPC sections between the 2nd respondent and third parties (Unnikrishnan, Seena Vijayan/Seena Baby, Riyas).

What did the court decide?

The paternity of respondent No.1 is not in dispute; the petitioner, being the father of respondent No.1, is legally and morally liable to maintain her.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order of interim maintenance of Rs.6,000/- per month granted by the Family Court, Palakkad to respondent No.1 (minor daughter) in favour of the respondents should be interfered with by this Court.

Court's answer

The paternity of respondent No.1 is not in dispute; the petitioner, being the father of respondent No.1, is legally and morally liable to maintain her.

Ratio / Principle

The petitioner pleads no physical disability preventing him from working and is an able-bodied person; his claim of having no job or income does not absolve him of his liability to maintain the child.

Key takeaways

Considering the requirement of respondent No.1 and the ability of the petitioner, the monthly interim maintenance of Rs.6,000/- ordered by the Family Court appears to be very reasonable and there is no reason to interfere with the impugned order.ratio¶30

Detailed headnote1 paragraphs

Interim maintenance — minor child — father's liability. Paternity of the 6-year-old respondent No.1 not in dispute; petitioner-father held legally and morally liable to maintain her notwithstanding his plea of having no job or income, since he pleads no physical disability and is an able-bodied person. Respondents contended he earns Rs.1,00,000/- per month as a Nursing Manager at Jaytee Hospital, Noida, Gujarat. Considering the child's requirement and the petitioner's ability, the Family Court, Palakkad's order of interim maintenance of Rs.6,000/- per month (Crl.M.P.No.227 of 2024 in M.C.No.210 of 2021, dated 03.07.2024) held very reasonable; no ground to interfere. Original petition dismissed.

A

O.P.(Crl.) No. 818 of 2024

2025:KER:25369

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

TUESDAY, THE 25^TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947

OP(CRL.) NO. 818 OF 2024

AGAINST THE ORDER DATED 03.07.2024 IN CRL.MP NO.227 OF 2024 IN M.C.NO.210 OF 2021 OF FAMILY COURT, PALAKKAD

PETITIONER/RESPONDENT:

SURESHKUMAR

AGED 38 YEARS, S/O SURENDRAN NAIR, RADHA SADANAM, CHERUMUGHA, IRANIKKUDI POST, NOORANAD, ALAPPUZHA DISTRICT PIN - 690529

BY ADVS. C.B.SREEKUMAR SAGITH KUMAR V. DEVAPRIYA S.

RESPONDENTS:

1 DEVANANDA AGED 6 YEARS, D/O RAJESWARI, PERUMANKKODE HOUSE, KARIMBARA, KAIRADY POST NENMARA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678510

2 RAJESWARI PERUMANKKODE HOUSE, KARIMBARA, KAIRADY POST NENMARA, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678510

BY ADVS.

M.R. SARIN S.GREESHMA SHANMUKHAN(K/001025/2004)

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(Crl.) No. 818 of 2024

..2..

2025:KER:25369

J U D G M E N T

The petitioner challenges the order of interim maintenance passed by the Family Court, Palakkad in Crl.M.P.No.227 of 2024 in M.C.No. 210 of 2021.

I have heard both sides.

The petitioner is the father of respondent No.1,

who is aged 6 years. The Family Court granted monthly interim maintenance of Rs.6,000/- to respondent No.1. The paternity is not in dispute. The petitioner being the father of respondent No.1 is legally and morally liable to maintain the respondent No.1. The respondent No.1 is represented through her mother/respondent No.2. The respondents have specifically contended that the petitioner is working as a Nursing Manager at Jaytee Hospital, Noida, Gujarat and earns Rs.1,00,000/- per month. According to the petitioner, he has no job or income. The petitioner does not have any case that

O.P.(Crl.) No. 818 of 2024

2025:KER:25369

he has any physical disability to do job. He is an able bodied person.

Considering the requirement of respondent No.1 and the ability of the petitioner, the monthly interim maintenance of Rs.6,000/- to the respondent No.1 ordered by the Family Court appears to be very reasonable. I see no reason to interfere with the impugned order. Accordingly, this original petition is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE

APA

O.P.(Crl.) No. 818 of 2024

..4..

2025:KER:25369

APPENDIX OF OP(CRL.) 818/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF FIR NO.0477 OF 2024 ON THE BASIS OF THE COMPLAINT OF THE 2ND RESPONDENT AGAINST SRI. UNNIKRISHNAN AND ONE SEENA VIJAYAN ALLEGED OFFENCES UNDER SECTIONS 322,322,324,325,326,506,509,294(B), 34 IPC OF KARUNAGAPPALLY POLICE STATION

EXHIBIT P2 TRUE COPY OF FIR NO.0596 OF 2024 ON THE BASIS OF THE COMPLAINT OF SEENA BABY@ SEENA VIJAYAN AGAINST THE 2ND RESPONDENT AND ONE RIYAS ALLEGED OFFENCES UNDER SECTIONS 294(B), 323,324,506,427, 34 IPC OF KARUNAGAPPALLY POLICE STATION

EXHIBIT P3 TRUE COPY OF THE VISITING CARD OF THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE PETITION IN MC.210/2021 DATED 31.08.2021 BEFORE THE FAMILY COURT PALAKKAD

EXHIBIT P5 TRUE COPY OF THE PETITION IN CMP.227/2024 DATED 30/01/2024 BEFORE THE FAMILY COURT PALAKKAD

EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN CM.P.227/2024 DATED 22/5/2024 BEFORE THE FAMILY COURT PALAKKAD

EXHIBIT P7 CERTIFIED COPY OF THE ORDER IN CRL.M.P.227/2024 IN MC.210/2021 DATED 03/07/2024 OF THE FAMILY COURT PALAKKAD

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order of interim maintenance of Rs.6,000/- per month granted by the Family Court, Palakkad to respondent No.1 (minor daughter) in favour of the respondents should be interfered with by this Court.¶23
The court held
The paternity of respondent No.1 is not in dispute; the petitioner, being the father of respondent No.1, is legally and morally liable to maintain her.ratio¶26

Statutes considered

2 provisions across 1 enactments

AI extract

Indian Penal Code (IPC)322, 322, 324, 325, 326, 506, 509, 294(B), 34¶39 294(B), 323, 324, 506, 427, 34¶40

Procedural history

How this case reached the court

AI extract

Order under challenge
Order of interim maintenance granting Rs.6,000/- per month to respondent No.1 in Crl.M.P.No.227 of 2024 in M.C.No.210 of 2021¶8
Family Court, Palakkad · 03.07.2024
Prior proceeding
Maintenance case M.C. No. 210 of 2021 filed before the Family Court, Palakkad on 31.08.2021 (Exhibit P4)¶41
Prior proceeding
Interim maintenance application Crl.M.P. No. 227 of 2024 filed before the Family Court, Palakkad on 30/01/2024 (Exhibit P5)¶42
Prior proceeding
Objection filed by the petitioner in Crl.M.P. 227/2024 dated 22/5/2024 before the Family Court, Palakkad (Exhibit P6)¶43

Parties & counsel

AI extract

petitioner
Sureshkumar¶10
C.B.Sreekumar, Sagith Kumar V., Devapriya S.
respondent
Devananda¶14
M.R. Sarin, S.Greeshma, Shanmukhan(K/001025/2004)
respondent
Rajeswari¶15
M.R. Sarin, S.Greeshma, Shanmukhan(K/001025/2004)

Coram

AI extract

Dr. Justice Kauser Edappagathauthor¶5

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 25 Mar 2025 · March
Registered: 25 Nov 2024
Case no.: OP(Crl.)/818/2024
CNR: KLHC011584262024
Bench: Kauser Edappagath
Disposal: DISMISSED
Case type: O.P.(Crl.)

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Cite this judgement

Sureshkumar v. Devananda, OP(Crl.)/818/2024 (KL), decided on 25 March 2025.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Indian Penal Code (IPC)322, 322, 324, 325, 326, 506, 509, 294(B), 34 · 294(B), 323, 324, 506, 427, 34

View all statutes

Procedural history4

Order of interim maintenance granting Rs.6,000/- per month to respondent No.1 in Crl.M.P.No.227 of 2024 in M.C.No.210 of 2021Family Court, Palakkad · 03.07.2024
Maintenance case M.C. No. 210 of 2021 filed before the Family Court, Palakkad on 31.08.2021 (Exhibit P4)
Interim maintenance application Crl.M.P. No. 227 of 2024 filed before the Family Court, Palakkad on 30/01/2024 (Exhibit P5)

View full history

Bench / Coram

Dr. Justice Kauser Edappagath

Parties & counsel