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2026 Supreme(Online)(Ker) 22345

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SURESH KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JELSON J.EDAMPADAM, SHRI.M.FATHAHUDEEN
For the Respondents: SHRI.ASWIN V. NAIR, SHRI. ZAFAR ANTONIO, SHRI.KARTHIK J SEKHAR, SHRI.SHINE N.S, SHRI.RAHUL S.NATH, SR.PP SMT BINDU O V

Table of Content
1. petitioner challenges maintenance order. (Para 1 , 2)
2. court allows appeal with conditions. (Para 3 , 5 , 6)

O R D E R

(Dated this the 25th day of March, 2026)

The respondent in MC No.36 of 2024 on the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram, who is the appellant in Crl.A No.216 of 2025 before the Additional Sessions Court, Thiruvananthapuram, filed this Crl.M.C under Section 528 BNSS, challenging Annexures- 4 and 5 orders.

2. The above MC was filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act. As per Annexure-1 order, the learned Magistrate passed various orders, including a direction to the petitioner to pay monthly maintenance of Rs.7,000/- to his wife and Rs.1,500/- each to his two minor children. It appears to be an exparte order. The application filed by the petitioner to set aside the exparte order was allowed by the learned Magistrate as per Annexure-2 order with a condition to pay a cost of Rs.3,000/-. Since the petitioner failed to comply the said order, the application to set aside the exparte order was dismissed by the learned Magistrate.

3. As per Annexure-4 order, the learned Ma

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