Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 37851

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ATHIRA ARUNKUMAR NAIR – Appellant
Versus
SREEJITH GOPALA PILLAI – Respondent
OP(CRL.) NO. 371 OF 2025 | MC NO.238 OF 2024

Advocates:
For the Appellants/Petitioners: SHRI.GEORGE SEBASTIAN, SRI.K.RAJENDRAN CHETTIAR
For the Respondents:

Family Courts are obligated to adjudicate interim maintenance applications within statutory timelines to ensure expedient justice.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 144 - Petition for interim maintenance pending before Family Court - Original petition filed with a request to direct the Family Court to expedite consideration of the interim maintenance application filed over 60 days ago - Duty of court to uphold statutory timelines concerning interim maintenance applications. (Para 2 and 3)

(B) Delay in consideration of maintenance application - The court is bound to address interim applications within the stipulated time and facilitate fair hearings for both parties. (Para 3)

Facts of the case:
The petitioner filed an application for interim maintenance under Section 144 of the BNSS, 2023, which has yet to be considered by the Family Court, causing her grievance.

Findings of Court:
The Family Court is mandated to hear and decide on the interim maintenance application within three weeks.

Issues: The principal issue was whether the Family Court was in breach of the statutory timeline for considering the interim maintenance application.

Ratio Decidendi: The court held that the Family Court has a duty to process applications for interim maintenance within the statutory period, ensuring both parties are heard.

Result: The Family Court is directed to make a decision within three weeks.

Table of Content
1. petitioner seeks timely action on maintenance application. (Para 2)
2. court directs consideration of the application within three weeks. (Para 3)

JUDGMENT

The above Original Petition (Crl) is filed with the following prayers:

" To direct Family Court Thiruvananthapuram to dispose of Ext.P2 (Crl. MP 2 /2024 in MC 238/2024) pending before the said court, within a short time, to be fixed by this Hon’ble Court;"

[SIC]

2. The way in which this Original Petition(Crl) is going to be disposed of, I think, no notice is necessary to the respondent. According to the petitioner, she filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ),2023, along with an application for interim maintenance. The application was filed on 11.11.2024. The respondent appeared and filed an objection. The grievance of the petitioner is that, the interim maintenance application filed by the petitioner is not considered.

Hence, this Original Petition (Crl).

3. As per the 3^rd proviso to Section 144 BNSS , an application for interim maintenance is to be disposed of within 60 days. According to the petitioner, that period is already over. If that is the case, it is the duty of the Family Court to see that the interim maintenance application is considered and pass an order after hearing both sides.

Therefore, this Original Petition (Crl) is disposed of with the following directions.

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2025 Supreme(Online)(Ker) 37851

IN THE HIGH COURT OF KERALA AT ERNAKULAMP.V.KUNHIKRISHNAN, JATHIRA ARUNKUMAR NAIR – AppellantVersusSREEJITH GOPALA PILLAI – RespondentOP(CRL.) NO. 371 OF 2025 | MC NO.238 OF 2024

Family Courts are obligated to adjudicate interim maintenance applications within statutory timelines to ensure expedient justice.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ATHIRA ARUNKUMAR NAIR – Appellant
Versus
SREEJITH GOPALA PILLAI – Respondent
OP(CRL.) NO. 371 OF 2025 | MC NO.238 OF 2024