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2026 Supreme(Online)(Ker) 9442

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
VISMAYA VINAYAKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.BHANU THILAK, SHRI.S.R.PRASANTH, SHRI.VISHNU.R, SMT.AISWARYA KRISHNAN, SMT.POOJA N.S.
For the Respondents: SHRI.LAVARAJ M.G., SHRI.KALAHARI CHANDRA BABU S.

JUDGMENT

The challenge in this Original Petition is to Ext.P4 order whereby the learned Family Court Judge directed respondent No.2 to pay Rs.4000/- as interim maintenance.

2. Heard the learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for respondent No.2.

3. The learned counsel for the petitioner submitted that the petitioner had sought interim maintenance at the rate of Rs. 20,000/- per month. However, the learned Judge did not consider the averments contained in the petition seeking interim maintenance. The learned counsel for the petitioner further submitted that though both parties submitted statements disclosing their assets and liabilities, the learned Family Court Judge did not take the same into consideration.

4. The learned counsel for respondent No.2 submitted that the amount awarded is reasonable.

5. The impugned order reads thus:-

“Heard. In view of the submission of both parties at the box Rs.4000/- as fixed as interim maintenance from 01.03.2025.”

6. It appears that the learned Family Court Judge has not considered the rival contentions raised by the parties. Therefore, the order dated 24.01.2025 in Crl.M.P.No.351/2024 in M.C.No.170/2024

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