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2026 Supreme(Online)(Ker) 26699

IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH, J
DEEPAK T.R – Appellant
Versus
ASHMA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.V.JOHN MANI,SHRI.SETHULAKSHMI K.K.,SMT.FATHIMA SHAHNA A.A.,SHRI.ABHISHEK S.,SMT.KIRAN MAARIA BIJI
For the Respondents: SMT.SREEJA V.,SR. PUBLIC PROSECUTOR SRI.K.MOHANAKANNAN,SMT.KEERTHI M.,SRI.SAABIR F. HAQ

Table of Content
1. challenge to family court interim maintenance order. (Para 1 , 3)
2. hearing arguments on procedural fairness. (Para 2)
3. set aside order conditionally for fresh merits hearing. (Para 5 , 6)

JUDGMENT

Ext.P8 interim maintenance order passed by the Family Court, Attingal (for short, the trial court) is under challenge in this original petition.

2. I have heard both sides.

3. The petitioner herein is the husband of the respondent No.1 and father of the respondent no.2. The marriage and paternity are not in dispute. The respondents claimed interim maintenance at the rate of Rs.30,000/- and Rs.20,000/- respectively. The Family Court granted monthly interim maintenance to respondent Nos.1 and 2 at the rate of Rs.6,000/- and Rs.5,000/- respectively. The said order is under challenge in this original petition. 4. The learned counsel for the petitioner vehemently argued that the impugned order was passed without giving an opportunity to the petitioner to file affidavit of assets and liabilities and also without adverting to the respective contentions. The learned counsel submitted that the petitioner may be granted an opportunity to contest the interim maintenance applicatio

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