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2023 Supreme(Online)(KER) 1378

HIGH COURT OF KERALA
C.S. DIAS, J
HARISH KUMAR K.N – Appellant
Versus
KAVYA S – Respondent


Advocates:
NAVEEN.T, CHITHRA CHANDRASEKHARAN, V.S.ABHISHEK, SHIBU JOSEPH KOTTAYIL, BIJI A MANIKOTH

O R D E R

The revision petition is filed assailing the order in MC No. 234/2021 of the Family Court, Mavelikkara ordering the revision petitioner to pay the respondents monthly maintenance allowance @ Rs.4,000/- each from the date of application. The revision petitioner was the respondent and the respondents were the petitioners before the Family Court.

Brief facts

2. The respondents, the wife and son of the revision petitioner, had filed the application for an order of maintenance. Along with the application, the respondents also filed a miscellaneous petition for an order of interim maintenance. The Family Court allowed the said application directing the revision petitioner to pay interim maintenance allowance to the respondent. Subsequently, on the finding that the revision petitioner had failed to pay the interim maintenance allowance, his defence in the proceeding was struck off, and the maintenance application was allowed by confirming the interim maintenance order. The revision petitioner has contended that this Court inSakeer Hussain T.P. v. Naseera and Ors. and Hari B. v. Harsha S. & Anr. has emphatically held that the defence of a respondent cannot be struck off for the fai

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