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2026 Supreme(Online)(Ker) 5647

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ARAVIND UNNITHAN – Appellant
Versus
AYUSH ARAVIND UNNITHAN – Respondent
OP(CRL.) NO. 42 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.P.D.SARANGADHARAN, SMT.GIRIJAKUMARY S.

The Family Court must consider the maintainability petition before proceeding with the maintenance case.

Headnote:This judgment concerns an Original Petition (Criminal) No. 42 of 2026 before the High Court of Kerala, particularly addressing the issue of a direction regarding the maintainability petition in the Family Court of Pathanamthitta (Exhibit P3). The petitioner, the respondent in the maintenance case, seeks to have the Family Court consider Exhibit P3 before proceeding further. The court held that the Family Court should consider and dispose of Exhibit P3 in accordance with law, and the petition was disposed of as such.

Table of Content
1. petitioner seeks specific relief regarding maintainability. (Para 1)
2. the family court's prior proceedings are challenged. (Para 2 , 3)
3. court directs family court to address the petition. (Para 4)

K.BABU, J.

--------------------------------------

O.P (Crl) No.42 of 2026 ---------------------------------------

Dated this the 29th day of January, 2026 JUDGMENT The prayers in this Original Petition (Criminal) are as follows:

“1. Set aside the Order dated 20.06.2025 in Crl. M.P.

No. 1/2024 in M.C. No. 161/2024 (Exhibit P4).

2. Direct the Family Court to hear and dispose of the maintainability petition (Exhibit P3) before proceeding further with M.C No.161/2024.

3. Grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.”

2. The petitioner is the respondent in M.C No.161/2024 on the file of the Family Court, Pathanamthitta.

3. The learned counsel for the petitioner confined the relief to give a direction to the Family Court, Pathanamthitta to consider Ext.P3 before proceeding further in the Maintenance Case.

4. Having regard to the relief sought for, the Family Court, Pathanamthitta is directed to consider and dispose of Ext.P3 in accordance with law.

The Original Petition stands disposed of as above.

Sd/-

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