Husband liable for maintenance; interim order set aside for fresh hearing on merits after arrears deposit.

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 application on merits.

5. Having heard both sides, I am of the view that an opportunity can be granted to the petitioner to contest the application of interim maintenance on merits. The total maintenance arrears due at the rate ordered in Ext.P8 order till date will come to Rs.2,20,000/-. The petitioner being the husband of the respondent No.1 and the father of the respondent No.2, is legally and morally liable to maintain them. Hence, the petitioner should be ordered to deposit half of the interim maintenance arrears due.

6. In the result, the impugned order is set aside on the condition that the petitioner shall deposit a sum of Rs.1,00,000/- towards the maintenance arrears due within two weeks from today. On such deposit, the trial court is directed to take up C.M.P. No.474/2025 in M.C. No.225/2023 and dispose it of on merits afresh after hearing both sides. If the affidavits disclosing the assets and liabilities were not already filed, both sides shall be given an opportunity to file the affidavits of assets and liabilities. The trial court shall dispose of the application within two months from the date of deposit of Rs.1,00,000/-. The respondent Nos.1 and 2 are permitted to withdraw the amount on deposit. If the deposit is not made as directed by this Court, Ext.P8 order would stand confirmed.