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2026 Supreme(Online)(Ker) 13162

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
RADHAMANI B. – Appellant
Versus
ANILKUMAR K.T. – Respondent
OP(CRL.) NO. 769 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.RAGHUL SUDHEESH, SMT.J.LAKSHMI, SMT.AMBILY T. VENU, SMT.RACHEL MARY JACOB, SMT.ATHULYA VAISHNAVI
For the Respondents: SMT.ANJALI G.KRISHNAN, SRI.C.N.PREMKUMAR

Court emphasizes timely resolution of maintenance cases while upholding the petitioner's rights to contest claims.

Headnote:The judgment addresses an Original Petition filed under Article 227 challenging the Family Court's order denying interim maintenance in M.C. No. 63 of 2024. The petitioner seeks to set aside the Family Court's order and expedite the trial of her maintenance claim. The Court permits the Family Court, Aluva to hear M.C. No. 82 of 2024 and aims for a four-month resolution. The critical issue is whether the Family Court's interim maintenance order was appropriate. The Court emphasizes the need for timely disposal of maintenance cases, affirming the petitioner's right to contest in the subsequent trial. Ultimately, the Family Court is directed to expedite the trial of the maintenance case to ensure a fair hearing.

Table of Content
1. original petition filed under article 227 challenging interim maintenance order. (Para 1 , 2)
2. family court's original jurisdiction regarding maintenance applications. (Para 3 , 4)
3. direction for expedited disposal of maintenance case. (Para 5 , 6)
4. final decision to dispose of the original petition. (Para 7)

JUDGMENT

The prayers in this Original Petition filed under Article 227 of the Constitution of India are as follows:-

”i. To set aside Exhibit P5 order in Crl.MP 213 of 2024 in MC No. 63/2024 on the files of Hon’ble Family Court, Thiruvalla;

ii. Exempt the petitioner from producing the English translation of Malayalam Exhibits produced along with this original petition and the petitioner further undertake that she is ready and willing to produce English translation of Malayalam documents as and when required;

iii. Issue any other order or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case.”

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The challenge in this Original Petition is to Ext.P5 order dated 16.07.2025 in Crl.M.P.No.213/24 in M.C.No.63/2024 on the file of the Family Court, Thiruvalla. The petitioner/wife filed M.C. No. 63 of 2024 seeking maintenance before the Family Court, Thiruvalla. Along with the said Maintenance Case, the petitioner also filed an application seeking interim maintenance.

4. The learned Family Court Judge dismissed the application seeking interim maintenance.

5. The learned counsel for the respondent submitted that M.C.No.63 of 2024 has been transferred to the Family Court, Aluva and renumbered as M.C.No.82 of 2024.

6. The learned counsel for the petitioner confines the reliefs to direct the Family Court, Aluva to dispose of M.C. No.82 of

2024 within a time to be prescribed by this Court.

7. Having regard to the submission, the Family Court, Aluva, is directed to take up the Maintenance Case for trial and dispose of it within a period of four months from the date of production of a certified copy of this judgment. It is made clear that the petitioner is at liberty to agitate all the contentions raised in this Original Petition before the Family Court, Aluva, during trial.

The Original Petition is disposed of as above.

Sd/-

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