The court addressed the validity of a maintenance order, emphasizing the reasonableness of interim maintenance assessment in light of circumstances.

O R D E R Dated this the 19^th day of November, 2025 Petitioner in Crl.M.P. No.4133/2024 in unnumbered Criminal Appeal of 2024, pending before the Sessions Court, Palakkad, filed this Crl.M.C. challenging Annexure-A2 order directing him to deposit 50% of the arrears of maintenance as a condition for condoning the delay of 143 days in filing the above appeal.

2. Petitioner filed the above appeal against the order of the learned Magistrate directing the petitioner to pay interim maintenance at the rate of Rs.3,000/- per month to his wife and Rs.2,500/- per month to the minor child.

3. Though the matter was referred for mediation, it was not fruitful.

In this case, the marriage and the paternity of the child are admitted. The rate of interim maintenance awarded by the learned Magistrate @Rs.3,000/- and Rs.2,500/- each per month cannot be termed as excessive or exorbitant. In the above circumstances, the direction of the learned Sessions Judge to deposit 50% of the arrears of interim maintenance till date cannot be held to be irrational or improper in the facts and circumstances of the case.

4. Now, the learned counsel for the respondent submitted that the arrears till date will come to more than Rs.2,00,000/-. The learned counsel for the petitioner is ready to deposit a sum of Rs.1,00,000/- within a period of one month.

In the light of the above submissions, this Crl.M.C. is allowed, subject to the following terms:

In case the petitioner deposits/pay to the respondent, a sum of Rs.1,00,000/- (Rupees One Lakh only) within a period of one month, Annexure A3 order will stand set aside and Crl.M.P.No.4133/2024 will stand allowed. In case of default, the order of the Sessions Judge in Annexure A3 order will stand confirmed.