The court emphasized the necessity of providing parties the right to be heard, setting aside a maintenance order made without affording such an opportunity.

JUDGMENT

Dated this the 3^rd day of March, 2025 Ext.P5 order granting interim maintenance is under challenge in this original petition.

2. The petitioner is the husband of the 1^st respondent and father of the 2^nd respondent. The respondents against the petitioner seeking maintenance under Section 125 of Cr.PC before the Family Court, Mavelikara. The respondents also filed Crl.MP No.361/2024 seeking interim maintenance. The Family Court directed the petitioner to pay interim monthly maintenance to the respondents at the rate of Rs.5,000/- each from the date of the petition. The said order is under challenge in this original petition.

3. I have heard both sides.

The main contention taken by the petitioner is that the impugned order was passed without affording an opportunity to him to file an objection statement. I had called for the proceedings sheet from the Family Court. It would show that the application for interim maintenance came up for hearing on 18.06.2024 which was adjourned to 15.07.2024, and on that date it was allowed. Thus, it is clear that the impugned order was passed without giving an opportunity to the petitioner for filing objection or for hearing. Thus the impugned order is set aside. The Family Court is directed to reconsider and dispose of Crl.MP No.361 of 2024 afresh after affording an opportunity to the petitioner for filing objection and hearing within one month from the date of receipt of a copy of this judgment.

The original petition is disposed of as above.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE sbk/-

APPENDIX OF OP(CRL.) 93/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE MEMORANDUM IN M.C. NO.

133/2024 DATED 17.04.2024 ON THE FILES OF THE FAMILY COURT, MAVELIKKARA.

Exhibit P2 A TRUE COPY OF THE OBJECTION FILED BY RESPONDENT DATED 20.04.2023 IN M.C.NO.

50/2022 ON THE FILES OF THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE’S COURT II, MAVELIKKARA.

Exhibit P3 A TRUE COPY OF THE AFFIDAVIT OF ASSETS AND LIABILITIES IN M.C.133/2024 FILED BY THE

1ST PETITIONER DATED 22.10.2022.

Exhibit P4 A TRUE COPY OF THE APPLICATION IN M.C.

133/2024 DATED 15.07.2024 SUBMITTED BY THE COUNSEL FOR RESPONDENT SEEKING FURTHER TIME FOR FILING OBJECTION.

Exhibit P5 TRUE COPY OF THE ORDER DATED 15.07.2024 IN CRL.M.P.361/2024 IN M.C.NO.133/2024 ON THE FILES OF THE HON’BLE FAMILY COURT, MAVELIKKARA.

Exhibit P6 A TRUE COPY OF THE CASE STATUS IN M.C. NO.

133/2024 ON THE FILE OF THE HON’BLE FAMILY COURT, MAVELIKARA OBTAINED FROM THE E-

COURTS WEBSITE.