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2023 Supreme(Online)(KER) 21906

HIGH COURT OF KERALA
GOPINATH P, J
ANJU ANTONY – Appellant
Versus
DR. WESLY K. ABRAHAM – Respondent


Advocates:
REJI GEORGE, NASEER MOIDU, VARNA MANOJ, ENOCH DAVID, SIMON JOEL, S.SREEDEV, RONY JOSE, LEO LUKOSE, KAROL MATHEWS, SEBASTIAN ALENCHERRY, DERICK MATHAI, SAJI, VIPIN NARAYAN (SR PP)

JUDGMENT

This original petition has been filed challenging Ext.P9 order in CMP No.4129/2022 in M.C No.32/2020 on the file of the Judicial First Class Magistrate Court-II, Kochi. The petitioner in this original petition is the petitioner/applicant in M.C No.32/2020, which is a petition filed under Section 12 of the Protection of Women from Domestic Violence Act . In C.M.P No.1042/2020, filed under Section 23 of the said Act, interim maintenance was claimed at the rate of Rs.60,000/- per month for the petitioner and three children. However, the learned Magistrate did not grant any interim maintenance.

2. Crl.A. No.214/2020 was therefore filed before the Additional Sessions Court-VI, Ernakulam and through Ext.P5 order dated 25-01-2022, the 1st respondent was directed to pay maintenance at the rate of Rs.30,000/- for three children from the date of filing of CMP No.1042/2020 till final disposal of the main case. The petitioner challenged that Ext.P5 order, by filing Crl.Rev.Pet. No.254/2022 which was dismissed by Ext.P6 order dated 25-10-2022, finding as under:

“5. The paternity of the children is not in dispute. The petitioner is a Dentist. The petitioner being the father of the childr

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