High Court of KeralaOP(Crl.)/250/2015disposed of

Biju Mathew v. Margy George

2015-08-13Honourable Mr. Justice Alexander Thomas4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 OP(Crl.).No. 250 of 2015 (Q) --------------------------------------- MC.255/2014 OF FAMILY COURT, PALAKKAD ---------------- PETITIONER:

------------------- BIJU MATHEW, AGED 44 YEARS, S/O MATHEW, NIRAPPEAL PUTHENPURAYIL HOUSE, C/O.MOHAMMED RAFI, KILIANGAL HOUSE, KAKANAD.P.O, ERNAKULAM.

BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPOKNDENT:

-----------------------

1. MARGY GEORGE, AGED 37 YEARS, D/O.GEORGE, PUTHENVEETTIL HOUSE, PERUMBILLY POST, MULANTHURUTHY, ERNAKULAM DISTRICT-682314.

2. ABNAR BIJU,, AGED 9 YEARS, D/O.BIJU, PUTHENVEETTIL HOUSE, PERUMBILLY POST, MULANTHURUTHY, ERNAKULAM DISTRICT-682314.

3. ABJAIN BIJU, AGED 6 YEARS, D/O.GEORGE, PUTHENVEETTIL HOUSE, PERUMBILLY POST, MULANTHURUTHY, ERNAKULAM DISTRICT-682314.

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(Crl.).No. 250 of 2015 (Q) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE COPY OF THE MC 135/2014 ON THE FILE OF THE FAMILY COURT ERNAKULAM P2 TRUE COPY OF THE MP 264/2015 IN MC 135/2014 DATED 24.3.2015 P3 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN MP 264/2015 DATED 4.6.2015 P4 TRUE COPY OF THE LIST OF DOCUMENT PRODUCED IN SUPPORT OF EXT.P3 (MP264/2015 IN MC 135/2014) P5 TRUE COPY OF THE LIST OF DOCUMENT PRODUCED IN SUPPORT OF EXT.P3 (M.R.I.SCAN REPORT OF LUMBOSACRAL SPINE) P6 TRUE COPY OF THE LIST OF DOCUMENTS PRODUCED IN SUPPORT OF EXT.P3 (MOTOR VEHICLES DEPARTMENT KERALA REGISTRATION DETAILS) P7 TRUE COPY OF THE SCAN REPORT ISSUED FROM THE GENERAL HOSPITAL,ERNAKULAM P8 TRUE COPY OF THE ORDER IN CMP.264/15 IN MC 135/14 OF FAMILY COURT, ERNAKULAM DATED 9.6.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ALEXANDER THOMAS, J.

================== O.P(Crl.)No. 250 of 2015 ================== Dated this the 13th day of August, 2015

J U D G M E N T

The order under challenge is one at Ext.P-8 dated 9.6.2015, whereby interim maintenance at the rate of Rs.2,000/- each was ordered to be given to the respondents in M.P.No.264/2015 in M.C.135/2014 on the file of the Family Court, Ernakulam. The main ground taken by Sri.K.Mohanakannan, learned counsel for the petitioner is that no prayer for interim maintenance in the main maintenance claim was made and further that 1st respondent mother is a owner and driver of "She Taxi" service and is getting sufficient income. It is also contended that the petitioner is suffering from severe disk problems and he is unable to do any job. In view of the fact that Ext.P-8 is only a order regarding interim maintenance and as the main Maintenance Claim petition is pending before the court below, this Court is of the considered opinion that the extraordinary discretion conferred on this Court under Sec.482 of the Code of Criminal Procedure need not be

O.P(Crl.)250/15 - : 2 :- invoked in the facts of this case. It is for the petitioner to file an appropriate application for modification of impugned Ext.P-8 order before the court below stating these objections and also producing credible materials before the court below to convince the court about the correctness of such factual assertions, upon which, the court below will consider such application and pass necessary orders thereon after hearing both sides. This shall be done within a period of six weeks from the date of filing of any such application for modification of the impugned order. The petitioner shall produce a certified copy of this judgment before the court below. With these observations and directions, this O.P(Crl.) stands finally disposed of.

Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge