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2022 Supreme(Ker) 228

MARY JOSEPH
Sunil Kumar T. S/o Late Thankappan Pillai – Appellant
Versus
Uthara D/o Sunil Kumar T. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. C.B. Sreekumar, Sri. Sagith Kumar V.

JUDGMENT :

MARY JOSEPH, J.

1. This Original Petition is filed under Article 227 of the Constitution of India seeking to quash Ext.P4 order passed by Family Court, Pathanamthitta in Crl. M.P. No. 305/2019 in M.C. No. 132/2019. Crl. M.P. No. 305/2019 was filed by the girl child of the petitioner seeking for monthly allowance for interim maintenance from him. The respondent appeared before the Family Court and submitted that he is an Ex-service man getting Rs. 20,000/- as pension. The Family Court directed the respondent on the basis of that information to pay Rs. 5,000/- as monthly allowance for interim maintenance. Being aggrieved by the above order, this Original Petition (Criminal) is filed.

2. The learned counsel for the petitioner submitted on the basis of the certificate of birth of the girl child produced alongwith the petition on hand that she has become major on 19.07.2021. Accordingly, it was contended that her entitlement to get monthly allowance for interim maintenance is only up to the month of the year in which she attained the age of majority. According to the learned counsel, though the Family Court was apprised of that aspect, it was not considered and thereby the impug

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