Vijayakumar vs Sreekumari

Type Court Judgment Court Kerala Decided Sep 30, 2022

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Citation: sooperkanoon.com/1445191
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Sep 30, 2022
Case Number: OP(Crl.)/49/2020

Parties & Advocates

Appellant / Petitioner

Vijayakumar

Respondent

Sreekumari

Excerpt

.....petition was allowed by the court below on condition that the petitioner shall pay rs.75,000/- towards the arrears of maintenance to the respondents within a month, as per ext.p6. the said order is under challenge in this original op(crl.) no. 49 of 2020 3 petition.3. heard both sides.4. the marital relationship between the petitioner and the1st respondent is not in dispute. the paternity of the 2 nd respondent is also not in dispute. the petitioner has no case that he has paid the maintenance to the respondents. it is submitted that the 1st respondent is now suffering from cancer and is undergoing treatment. as of today, the arrears of maintenance would come to around rs.4,50,000/-. thus, i see no reason to interfere with the order directing the petitioner to pay a sum of rs.75,000/- as arrears of maintenance. hence, original petition (crl.) stands dismissed. sd/- dr. kauser edappagath judge ab op(crl.) no. 49 of 2020 4 appendix of op(crl.) 49/2020 petitioner exhibits exhibit p1 true copy of m.c.no.197/2018 on the file of family court, nedumangad. exhibit p2 true copy of the objection of the petitioner to ext.p1 m.c. exhibit p3 true copy of the final report in crime no.532/2014 of vellarada police station. exhibit p4 true copy of cmp no.571/2018 in m.c.no.197/2018 on the file of family court, nedumangad. exhibit p5 true copy of the objection of the respondents to ext. p4 petition. exhibit p6 true copy of the order in cmp no.571/2018 in m.c.no.197/2018 of family court, nedumangad dated 11.11.2019. respondents exhibits: nil

Full Judgment

OP(CRL.) NO. 49 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 30TH DAY OF SEPTEMBER 2022 / 8TH ASWINA, 1944 OP(CRL.) NO. 49 OF 2020 AGAINST THE ORDER IN C.M.P.NO.571/2018 IN MC 197/2018 OF FAMILY COURT, NEDUMANGAD PETITIONER/PETITIONER: VIJAYAKUMAR, AGED 47 YEARS S/O. KESAVAN NAIR, SREEPADMAM, KUZHITHOTTAM, KUDAPPANAMOODU P. O., KATTAKKADA, BY ADV LATHEESH SEBASTIAN RESPONDENTS:
1 SREEKUMARI D/O. ARUNDHATHI, NANKUMANNADI, KIZHAKKINKARA PUTHEN VEEDU, VAZHICHAL P. O., VAZHICHAL VILLAGE, 2 KARTHIK, AGED 11 YEARS S/O. VIJAYAKUMAR, MINOR, NANKUMANNADI, KIZHAKKINKARA PUTHEN VEEDU, VAZHICHAL P. O., VAZHICHAL VILLAGE, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SREEKUMARI, D/O. ARUNDHATHI, DO--- DO-- BY ADVS. Benraj K. R R.S.REJITHA(K/773/2007) P.T.MARY(K/756/2012) HEMA R.(K/001239/2004) THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CRL.) NO. 49 OF 2020 2

JUDGMENT

This Original petition has been filed challenging the order

passed by the Family Court, Nedumangad (for short, 'the court below') in C.M.P No.571/2018 in M.C.No.197/2018 dated 11.11.2019.

2. The original petitioner is the husband of the 1 st

respondent and father of the 2nd respondent. The respondents filed M.C No.197/2018 before the court below claiming maintenance. The court below passed an ex parte order on 5/11/2018 whereby the petitioner was directed to pay Rs.5,000/- and Rs.3,000/- respectively to the respondents as monthly maintenance. The petitioner filed a petition to set aside the ex parte order as CMP No. 571/2018. The said petition was allowed by the court below on condition that the petitioner shall pay Rs.75,000/- towards the arrears of maintenance to the respondents within a month, as per Ext.P6. The said order is under challenge in this Original OP(CRL.) NO. 49 OF 2020 3 Petition.

3. Heard both sides.

4. The marital relationship between the petitioner and the

1st respondent is not in dispute. The paternity of the 2 nd respondent is also not in dispute. The petitioner has no case that he has paid the maintenance to the respondents. It is submitted that the 1st respondent is now suffering from cancer and is undergoing treatment. As of today, the arrears of maintenance would come to around Rs.4,50,000/-. Thus, I see no reason to interfere with the order directing the petitioner to pay a sum of Rs.75,000/- as arrears of maintenance. Hence, Original Petition (Crl.) stands dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE ab OP(CRL.) NO. 49 OF 2020 4 APPENDIX OF OP(CRL.) 49/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF M.C.NO.197/2018 ON THE FILE OF FAMILY COURT, NEDUMANGAD. EXHIBIT P2 TRUE COPY OF THE OBJECTION OF THE PETITIONER TO EXT.P1 M.C. EXHIBIT P3 TRUE COPY OF THE FINAL REPORT IN CRIME NO.532/2014 OF VELLARADA POLICE STATION. EXHIBIT P4 TRUE COPY OF CMP NO.571/2018 IN M.C.NO.197/2018 ON THE FILE OF FAMILY COURT, NEDUMANGAD. EXHIBIT P5 TRUE COPY OF THE OBJECTION OF THE RESPONDENTS TO EXT. P4 PETITION. EXHIBIT P6 TRUE COPY OF THE ORDER IN CMP NO.571/2018 IN M.C.NO.197/2018 OF FAMILY COURT, NEDUMANGAD DATED 11.11.2019. RESPONDENTS EXHIBITS: NIL

Same Court & Year Kerala · 2022 Same Parties Vijayakumar vs Sreekumari Same Judge Honourable Dr. Justice Kauser Edappagath