The court confirmed the necessity of interim maintenance considering the financial capacity of the petitioner and the needs of the respondents.

JUDGMENT

The petitioner challenges Ext.P4 order whereby the Family Court, Kozhikode, granted interim maintenance to respondent Nos. 1 to 3 at the rate of Rs.19,500/- per month.

2. I have heard the learned counsel for the petitioner, the learned counsel appearing for the party respondents and the learned Public Prosecutor.

3. The learned counsel for the petitioner submitted that the learned Family Court Judge has not considered the averments in the counter affidavit and other relevant documents filed on his part while awarding the interim maintenance.

4. The learned counsel for the party respondents submitted that the learned Family Court Judge has rightly taken the view that the needs of the respondents and the financial capacity of the petitioner to pay maintenance can be decided only after a full trial. The learned counsel further submitted that the Family Court has come to a prima facie conclusion that having regard to the needs of the respondents/wife and children, it is just and proper to award Rs.19,500/- as maintenance.

5. The learned counsel for the petitioner submitted that as per the order dated 26.06.2025, the learned Family Court Judge had directed payment of a sum of Rs.15,000/- towards interim maintenance, and there was no justification for enhancing the amount to Rs.19,500/-.

6. The learned counsel for the petitioner submitted that there is a chance for settlement and all other connected matters have been referred to mediation by the Trial Court.

7. Having regard to the submissions, this Court is of the view that the petitioner has to pay a sum of Rs.2,500/- per month to respondent No.1/wife and Rs.5000/- each per month to the children as interim maintenance during the pendency of the Maintenance Case from 12.02.2024, the date of the petition. It is made clear that this Court has not gone into the merits of the contentions raised by the parties. It is a matter for adjudication by the Trial Court after considering the rival pleadings and the documents produced.

The Original Petition is disposed of directing the petitioner to pay a sum of Rs.12,500/- per month as interim maintenance to the respondents from 12.02.2024. The petitioner shall pay the entire arrears of interim maintenance within a period of three months from today. The learned Family Court Judge shall proceed with the trial and dispose of the Maintenance Case within a period of six months from the date of receipt of a certified copy of this judgment.

Sd/-