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2012 Supreme(Online)(KER) 16048

HIGH COURT OF KERALA
K.T.SANKARAN, M.L.JOSEPH FRANCIS, JJ
SAJU SASIDHARAN – Appellant
Versus
ABHI KRISHNAMINOR – Respondent


JUDGMENT

K.T. Sankaran J., The question involved in this Original Petition is whether an application is required to claim maintenance pendente lite and expenses of proceedings, under Section 24 of the Hindu Marriage Act.

2. The respondents filed O.P. No.205/2012 on the file of the Family Court, Kottarakkara against the petitioner for return of gold ornaments and money as well as for maintenance, past and future. After counselling, the case was posted before the Family Court on 01.06.2012. On that day, the petitioner/husband (respondent before the Family Court) filed written statement and he also put forward a counter claim. On 01.06.2012 itself, the Family Court passed an order directing the petitioner to pay interim maintenance at the rate of Rs.1,000/- (Rupees One Thousand only) each to his wife and child. That order is under challenge in this OP(FC). No application was filed by the wife and the child of the petitioner claiming interim maintenance. From the order impugned, it is seen that an oral request was made for interim maintenance. No opportunity was afforded to the petitioner to put forward his contentions on the oral request made by the respondents. The only point to be co

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