IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SHEMEER – Appellant
Versus
IRFANA – Respondent
OP(CRL.) NO. 122 OF 2025
| Table of Content |
|---|
| 1. jurisdiction of high court under article 227 for modifying lower court orders. (Para 1 , 2) |
| 2. petitioner directed to clear maintenance dues in installments. (Para 4) |
J U D G M E N T
(Dated this the 27th day of March, 2026)
The respondent in MC No.47 of 2018 pending before the Judicial First Class Magistrate Court-I, Karunagappally, filed this OP(Crl) under Article 227 of the Constitution of India praying for setting aside Ext.P2 order passed by the learned Magistrate, directing the 2nd respondent in CMP No.1318 of 2024 to deduct Rs.5,000/- each from the monthly salary and hold the provident fund amount of the 1st respondent in safe custody.
2. The above MC is filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act . 3. At the time of arguments, it is revealed that, as on today, a total sum of Rs.4,22,000/- is in arrears towards maintenance due to the respondent from the petitioner. His prayer in this OP(Crl.) is to permit him to discharge the liability in installments.
4. According to the learned counsel for the petitioner, Rs.5,000/- each is being deducted from his salary, while according to the learned counsel for the respondent, no substantial amount was paid by the petitioner so far.
After hearing both sides, I deem it appropriate to dispose of the OP(Crl.) with a direction to the petitioner to pay the entire arrears due to the respondent in six monthly installments from today. In case the entire arrears is paid as directed above, Ext.P2 order will stand set aside. In case there is default, the learned Magistrate will be at liberty to proceed with Ext.P2 order.
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