High Court of KeralaOP (FC)/586/2014disposed of

K.Anoop Sagar v. Arathy Antharjanam

2015-07-02Honourable Mr.Justice C.K.Abdul Rehim,Honourable Mr. Justice K.Ramakrishnan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 OP (FC).No. 586 of 2014 (R) --------------------------------------- OP 1006/2013 OF FAMILY COURT, THIRUVANANTHAPURAM DATED 12-11-2014 PETITIONER(S)/ORIGINAL RESPONDENT:

----------------------------------------------------------- K.ANOOP SAGAR AGED 36 YEARS, S/O.KESAVAN NAMBOODIRI, RESIDING AT 101 NCC NAGAR, PEROORKADA, THIRUVANANTHAPURAM - 695 005.

BY ADVS. SMT. K.KUSUMAM SRI. BASANT BALAJI SMT. RENY ANTO RESPONDENT(S)/ORIGINAL PETITIONER:

----------------------------------------------------------- ARATHY ANTHARJANAM, AGED 22 YEARS, D/O. SUBRAHMANYAN POTTY, RESIDING AT PADINJAREMADOM, VEERANAKAVU P.O, PIN - 695 572, KATTAKKADA.

BY ADV. SRI. G. UNNIKRISHNAN THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (FC).No. 586 of 2014 (R) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF DIVORCE OP FILED BY THE RESPONDENT HEREIN AS OP 1006/2013 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM, DATED 22/6/2012.

EXHIBIT P2: TRUE COPY OF WRITTEN STATEMENT, (OBJECTION) FILED BY THE PETITIONER HERE TO EXHIBIT P1 OP.

EXHIBIT P3: TRUE COPY OF IA 2155/2012, FILED BY THE RESPONDENT HEREIN SEEKING INTERIM MAINTENANCE.

EXHIBIT P4: TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER TO IA 2155/2012.

EXHIBIT P5: IMPUGNED ORDER DATED 12/11/2014, PASSED BY THE FAMILY COURT, IN IA 2155/2012.

EXHIBIT P6: PHOTOGRAPHS (A TO G) SHOWING PART OF MARRIAGE CEREMONIES PERFORMED ON 27/5/2012.

EXHIBIT P7: COMPUTER PRINT OUT OF WEBSITE OF MALAYALEE BRAHMINS NARRATING THE CEREMONIES OF MARRIAGE.

EXHIBIT P8: TRUE COPY OF POSTAL RECEIPT DATED 7.6.2012. EXHIBIT P8(a): TRUE COPY OF ACKNOWLEDGEMENT CARD, SERVED ON THE RESPONDENT ON 8.6.2012.

EXHIBIT P8(b): TRUE COPY OF BOOK POST MARKS OF VEERANAKAVU POLICE STATION, SHOWING THAT THE POSTAL ARTICLE IS SERVED TO THE RESPONDENT ON 8.6.2014.

RESPONDENT(S)' EXHIBITS - NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE

C.K. ABDUL REHIM, J.

& K. RAMAKRISHNAN, J.

---------------------------------------------------- ------------------------------------------------ Dated this the 2nd day of July, 2015

JUDGMENT

C.K. ABDUL REHIM, J.

This OP(FC) is filed seeking to set aside Ext.P5 interim order of maintenance passed by the Family Court, Thiruvananthapuram in I.A. No. 2155/2013 in O.P. No. 1006/2013. By the impugned order the court below had granted interim maintenance to the respondent herein at the rate of 10,000/- per month.

₹ 2.

When the above case came up for consideration on 12.12.2014, this court passed an interim order staying operation of Ext.P5 order subject to condition of the petitioner depositing a sum of 50,000/- within a ₹ period of one month and on continuing to deposit 7,500/- on every month before the 15th day, from ₹ January, 2015 onwards. Learned counsel for the petitioner submitted that the conditions stipulated in the interim order is being complied with.

Today, when the case is taken up for consideration, learned counsel for the petitioner submitted that the writ petition can be closed by making the conditions stipulated in the above said interim order as absolute and with a direction to the Family Court to dispose of the main case on an early basis. We are of the opinion that interest of justice can be achieved if a direction to dispose of the case within a time limit to be stipulated is issued, and if the petitioner is directed to continue payment of the amount as stipulated in the interim order towards interim maintenance, till the disposal of the case by the Family Court.

Therefore, the above original petition is hereby disposed of by directing the Family Court, Thiruvananthapuram to have an early disposal of O.P. No. 1006/2013, at the earliest possible, at any rate within a period of six months from the date of receipt of the copy of this judgment.

Till such time the Original Petition is disposed of by the Family Court, the petitioner shall make payment of a sum of Rs. 7,500/- on every month towards interim maintenance, which shall be paid on or before the 15th day of the subsequent month.

Sd/- C.K. ABDUL REHIM JUDGE Sd/- K. RAMAKRISHNAN JUDGE //TRUE COPY//