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2025 Supreme(Online)(Ker) 27390

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
PADMAKUMAR – Appellant
Versus
SUNITHA – Respondent
OP(CRL.) NO. 536 OF 2019 | MC NO.12 OF 2017



Advocates:
For the Appellants/Petitioners: SRI.T.R.RAJAN
For the Respondents: SRI.C.K.SAJEEV, SRI.DEEPAK RAJ

Family Court's maintenance order upheld; no grounds for judicial intervention under Article 227.

Headnote:(A) Constitution of India - Article 227 - Family law - Arrears of maintenance - The Family Court directed the petitioner to deposit arrears of maintenance of Rs.40,000/- as a pre-condition to set aside the ex parte order against him - The court found no illegality in the Family Court's order, thus maintaining the status quo without interference. (Para 2)

(B) Jurisdiction - The powers under Article 227 are not to be employed unless there is clear illegality or impropriety in the order under challenge - A ruling under this article does not substitute the lower courts' views unless they are unjustifiably erroneous. (Para 3)

Table of Content
1. no illegality found in the family court's order. (Para 3)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH ND WEDNESDAY, THE 2 DAY OF JULY 2025 / 11TH ASHADHA, 1947 OP(CRL.) NO. 536 OF 2019 MC NO.12 OF 2017 OF FAMILY COURT, CHAVARA PETITIONER/PETITIONER:

PADMAKUMAR AGED 50 YEARS S/O. BHANU, NAMBARUVIKALA MURI, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT BY ADV SRI.T.R.RAJAN RESPONDENTS/RESPONDENTS:

1 SUNITHA AGED 36 YEARS D/O. LALITHAMANI, POOJAVELI VEEDU, EZHUPUNNA MURI, KODAMTHURUTHU VILLAGE, CHERTHALA TALUK, ALAPPUZHA TALUK, PIN 688 524

2 ABHIDEVAN, AGED 5 YEARS S/O. SUNITHA, POOJAVELI VEEDU, EZHUPUNNA MURI, KODAMTHURUTHU VILLAGE, CHERTHALA TALUK, ALAPPUZHA TALUK, (THROUGH THE GUARDIAN MOTHER SUNITHA, THE 1ST RESPONDENT) PIN 688 524 BY ADVS.

SRI.C.K.SAJEEV SRI.DEEPAK RAJ THIS OP (CRIMINAL) HAVING COME UP FOR FINAL HEARING ON

02.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

No representation from the petitioner. The learned counsel for the petitioner had filed a memo relinquishing the vakalath.

2. The order under challenge, in this petition filed under Article

227 of the Constitution of India, is the direction of the Family Court to deposit arrears of maintenance to the tune of Rs.40,000/- as a pre-condition to allow the request of the petitioner to set aside the ex parte order passed against him.

3. Prima facie, it appears that there is absolutely no illegality or impropriety in the aforesaid order, to have interference of this Court in exercise of its powers under Article 227 of the Constitution of India.

In the result, the petition is hereby dismissed.

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