Saneeshkumar vs Reshma a.R

Type Court Judgment Court Kerala Decided Feb 01, 2024

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Citation: sooperkanoon.com/1318248
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman,Honourable Mr. Justice C.Pratheep Kumar
Decided On: Feb 01, 2024
Case Number: OP (FC)/693/2023

Parties & Advocates

Appellant / Petitioner

Saneeshkumar

Respondent

Reshma a.R

Excerpt

.....this the 1st day of february, 2024anu sivaraman, j.heard the learned counsel for the petitioner.2. the o.p (fc) is filed challenging the order of interimmaintenance passed by the family court directing payment of rs.6000/- as maintenance to the wife and rs.2,500/- to the child. there was a further direction to pay rs.5,000/- towards litigation expenses. it is submitted that the minor child is aged 6 years old.3. having considered the contentions advanced, we see noinfirmity in the order passed by the family court. however, it is contended by the learned counsel for the petitioner that the wife is gainfully employed and there is no justification for grant of maintenance to her. in view of the fact that the order under challenge is ordering interim maintenance, it is for the petitioner, if he has any material to support his contention, to raise the same before the family court. in case such a claim is raised, supported by proper material, it will be considered appropriately by the family court. anu sivaraman, c. pratheep kumar, sou. appendix of op (fc) 693/2023 petitioner exhibits exhibit p1 the true copy of the o.p.378/2020 before the family court, palakkad, with english translation exhibit p2 the true copy of the objection on op english translation exhibit p3 the true copy of the petition in i.a. no.1/2023 in o.p. no.378/2020 family court palakkad, dated 13/1/2023,with english translation. exhibit p4 the true copy of the order passed in i.a. no.1/2023 in o.p. no.378/2023 dated 08.06.2023 in the family court, palakkad.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 OP (FC) NO. 693 OF 2023 AGAINST THE ORDER IN I.A.1/2023 IN OP 378/2020 OF FAMILY COURT, PALAKKAD DATED 8.6.2023 PETITIONER/PETITIONER/RESPONDENT: SANEESHKUMAR AGED 35 YEARS, S/O. KUNJIKRISHNAN, KALLUKATTIL HOUSE, AANAKKAL P.O., MALAMPUZHA, PALAKKAD TALUK,PALAKKAD DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER KUNJIKRISHNAN, S/O.KANDU, KALLUKATTIL HOUSE, AANAKKAL P.O., MALAMPUZHA, PALAKKAD, PIN-678651 BY ADVS. A.T.ANILKUMAR V.SHYLAJA RESPONDENT/RESPONDENT/PETITIONER: RESHMA A.R AGED 33 YEARS, D/O. RAVI, AANAKKATIL HOUSE, KALOOR P.O, MANKARA, MANKURUSSI, PALAKKAD, PIN - 678613 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 1st day of February, 2024

Anu Sivaraman, J.

Heard the learned counsel for the petitioner.

2. The O.P (FC) is filed challenging the order of interim

maintenance passed by the Family Court directing payment of Rs.6000/- as maintenance to the wife and Rs.2,500/- to the child. There was a further direction to pay Rs.5,000/- towards litigation expenses. It is submitted that the minor child is aged 6 years old.

3. Having considered the contentions advanced, we see no

infirmity in the order passed by the Family Court. However, it is contended by the learned counsel for the petitioner that the wife is gainfully employed and there is no justification for grant of maintenance to her. In view of the fact that the order under challenge is ordering interim maintenance, it is for the petitioner, if he has any material to support his contention, to raise the same before the Family Court. In case such a claim is raised, supported by proper material, it will be considered appropriately by the Family Court. ANU SIVARAMAN, C. PRATHEEP KUMAR, sou. APPENDIX OF OP (FC) 693/2023 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE O.P.378/2020 BEFORE THE FAMILY COURT, PALAKKAD, WITH ENGLISH TRANSLATION EXHIBIT P2 THE TRUE COPY OF THE OBJECTION ON OP ENGLISH TRANSLATION EXHIBIT P3 THE TRUE COPY OF THE PETITION IN I.A. NO.1/2023 IN O.P. NO.378/2020 FAMILY COURT PALAKKAD, DATED 13/1/2023,WITH ENGLISH TRANSLATION. EXHIBIT P4 THE TRUE COPY OF THE ORDER PASSED IN I.A. NO.1/2023 IN O.P. NO.378/2023 DATED 08.06.2023 IN THE FAMILY COURT, PALAKKAD.

Same Court & Year Kerala · 2024 Same Parties Saneeshkumar vs Reshma a.R Same Judge Honourable Mrs. Justice Anu Sivaraman,Honourable Mr. Justice ...