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2025 Supreme(Online)(KER) 8400

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
Ratheesh.S. S/o G.surendran – Appellant
Versus
Sreelekshmi.S. D/o Sreedeviamma – Respondent


Advocates Appeared:
For the Appellant : BY ADV. R.KISHORE
For the Respondent: BY ADVS. SRI.M.P. PRASANTH, PUBLIC PROSECUTOR BINU GEORGE HEMALATHA(K/1287/1999) AVANI P.S.(K/004719/2024)

JUDGMENT :

This Original Petition has been filed challenging the interim order of maintenance passed by the Family Court, Kollam, in a proceeding under Section 125 of the Criminal Procedure Code (for short, Cr.P.C.).

2. The petitioner is the husband of the 1st respondent and the father of the 2nd respondent. The marriage and paternity are not in dispute. The respondents filed a petition for maintenance as M. C. No.115/2019 before the Family Court, Kollam against the petitioner. They also filed an application for interim maintenance as Crl.M.P. No.295/2019. The Family Court, after hearing both sides, granted interim monthly maintenance of Rs.5,000/- (Rupees Five thousand only) each to respondents 1 and 2. The said order is under challenge in this Original Petition.

3. I have heard the learned counsel for the petitioner, Adv. R. Kishore and the learned counsel for respondents 1 and 2, Adv. Binu George.

4. The learned counsel for the petitioner submitted that the impugned order is not sustainable for non- compliance with the specific direction of the Supreme Court inRajnesh v. Neha and Another [(2021) 2 SCC 324] regarding the requirement of the parties in a proceeding under Section 125

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