SHEMEER vs IRFANA - 2026 Supreme(Online)(Ker) 22499

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2026 Supreme(Online)(Ker) 22499

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SHEMEER – Appellant
Versus
IRFANA – Respondent
OP(CRL.) NO. 122 OF 2025

Advocates:
For the Appellants/Petitioners: SHRI.JISON JOY, SMT.NANMA.B.B, SMT.REETHU JACOB
For the Respondents: SRI.BINU GEORGE, SRI.P.C.CHACKO(PARATHANAM), SMT.HEMALATHA, SMT.AVANI P.S., PP.SRI.SANAL.P.RAJ

Important Points

The court upheld the authority to modify maintenance payment orders under the Protection of Women from Domestic Violence Act, ensuring obligations are met through structured installments.

Subject

Civil - Domestic Violence

Act Referred

Protection of Women from Domestic Violence Act: S.12

Headnote

{'statute_analysis': 'This matter relates to a petition filed under Section 12 of the Protection of Women from Domestic Violence Act, and the case was initiated under Article 227 of the Constitution of India.', 'facts_of_case': 'The respondent in MC No.47 of 2018 filed this OP(Crl) to set aside an order directing the deduction of Rs.5,000/- from the petitioner’s salary. The petitioner has dues amounting to Rs.4,22,000/- towards maintenance.', 'findings_of_court': 'The court held that the petitioner must pay the entire arrears in six installments, with the original order set aside upon full payment.', 'issues': "The court questioned whether the petitioner could discharge his maintenance arrears in installments while addressing the legality of the Magistrate's order.", 'ratio_decidendi': 'The court determined that despite the deductions claimed, the petitioner had defaulted on the payments, justifying the order for installment payment to discharge the arrears.', 'result': 'In case there is default, the learned Magistrate will be at liberty to proceed with Ext.P2 order.'}

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 2^nd 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 1^st 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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