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2025 Supreme(Online)(Ker) 50923

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
SHYJU P.S – Appellant
Versus
ANNIE. M. JOHN – Respondent
OP(CRL.) NO. 758 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.ISAC T.PAUL, SMT.JAMEELA PRAKASAM, SRI.MOHAMMED SAGHEER, SMT.ABIYA MARIYAM MATHEW
For the Respondents: SRI.E.C. BINEESH, SR.PP

The court affirmed the reasonableness of interim maintenance orders reflecting the petitioner's means and respondents' needs.

Headnote:This original petition was filed to challenge the Family Court's interim order of maintenance. The court granted Rs. 4,000/- and Rs. 3,000/- per month to the first and second respondents respectively from 17.10.2018. The petitioner contended lack of evidence for respondent's employment but the court found the maintenance reasonable. The original petition was dismissed. The court found no illegality in the impugned order.

Table of Content
1. challenge to interim maintenance order. (Para 1 , 2)
2. court's reasonable assessment of maintenance. (Para 3)

J U D G M E N T

This original petition has been filed challenging Ext.P7 interim order of maintenance.

2. The petitioner is the husband of the first respondent and the father of the second respondent. Respondents 1 and 2 have filed M.C. No.436/2023 against the petitioner before the Family Court, Neyyattinkara, claiming maintenance. The Family Court granted interim maintenance at the rate of Rs.4,000/- per month to the first respondent and Rs.3,000/- per month to the second respondent with effect from the date of the petition, that is, 17.10.2018. Though the order was passed on 04.07.2024, this original petition has been filed after a period of more than 18 months, that too, after filing of the execution petition.

3. The petitioner is admittedly employed in K.S.E.B. and is drawing substantial salary. Though the petitioner has taken up a contention that the first respondent is employed, there is absolutely no evidence to substantiate the same. Considering the requirements of respondents 1 and 2 and the means of the petitioner, the interim monthly maintenance granted by the Family Court appears to be absolutely reasonable. Hence, I see no illegality or impropriety in the impugned order.

Accordingly, this original petition is dismissed.

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