2025:KER:25614 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP (FC) NO. 97 OF 2025 AGAINST THE ORDER DATED 29.10.2024 IN I.A.1/2023 IN OP NO.117 OF 2023 OF FAMILY COURT, ADOOR PETITIONER/RESPONDENT IN I.A.1/2023/PETITIONER IN OP 117/2023: HARIKUMAR C NAIR REPRESENTED BY POWER OF ATTORNEY K.SUKUMARAN NAIR, AGED 46 YEARS R/AT MARUPPEL VEEDU, HOUSE NO. XI/29 , PARAKODU P.O., PARAKODU NORTH MURI, ADOOR VILLAGE, ADOOR TALUK PATHANMATHITTA DISTRICT NOW WORKING AT FLOWELLLLC, QUALITY ENGINEERING SOLUTIONS, NASIMI 39/32, BAKU, AZ 1118, AZWERBIJAN REPRESENTED BY HIS POWER OF ATTORNEY K.SUKUMARAN NAIR, AGED 66 YEARS, S/O K S KUMARAN NAIR R,AT VELLAPPARAVILAYIL , PANDALAM P.O., KURAMBALA VILLAGE, ADOOR PATHANAMTHITTA, PIN - 689501 BY ADVS. T.S.MAYA (THIYADIL) K.A.SUNITHA RESPONDENT/PETITIONER IN I.A.1/2023/RESPONDENT IN OP 117/2023: SREEJA V, AGED 34 YEARS, W/O HARIKUMAR C NAIR, R/AT MURUPPEL VEEDU, HOUSE NO XI/29 OF ADOOR MUNICIPALITY, PARAKODU P.O., PARAKODU NORTH MURI, ADOOR VILLAGE, ADOOR PATHANAMTHITTA, PIN - 689501 2025:KER:25614 OP(FC) 97/25 2 BY ADVS. MINIMOL R K.G.MURALEEDHARAN UNNITHAN(M-581) THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25614 OP(FC) 97/25 3 JUDGMENT Devan Ramachandran, J. The petitioner challenges Ext.P5 order of the learned Family Court, Adoor, however, only to the limited extent that it has apparently directed him to pay Rs.20,000/- per month from 28.11.2018, to the respondent, towards litigation charges. 2. Smt.T.S.Maya – learned counsel for the petitioner, conceded that her client is paying Rs.10,000/- per month towards maintenance as ordered in Ext.P5 and that he has also paid Rs.20,000/- as litigation expenses; but that the further direction therein that he should continue to pay the latter amount every month from 28.11.2018, until the Original Petition is disposed of, is unfair and illegal. 3. Even though Smt.Minimol R – learned counsel for the respondent, refuted the afore contentions saying that the maintenance is not being paid, she conceded that the litigation expenses mentioned was only a one-time payment and not per 2025:KER:25614 OP(FC) 97/25 4 month. 4. We are also of the firm view that the apparent provision for payment of litigation expenses at the rate of Rs.20,000/- per month in Ext.P5 is in error and that what was intended by the learned Trial Court was to make it a one-time payment. 5. That said, however, the petitioner must certainly honour the maintenance amount as ordered in Ext.P5, as long as it is not modified or set aside. In fact, the learned counsel for the petitioner submitted that if the same has not been yet honoured fully, her client will do so without any avoidable delay. This is recorded. In the afore circumstances, we allow this Original Petition in part and modify Ext.P5 order; clarifying that though the amount of maintenance of Rs.10,000/- will have to be honoured by the petitioner from 28.11.2018 until O.P.No.117/2023 is disposed of, or until such time it is modified/varied/altered, the amount of 2025:KER:25614 OP(FC) 97/25 5 Rs.20,000/- towards litigation expenses shall be construed as a one-time payment which, we record as Smt.T.S.Maya says, has already been paid on 13.03.2025. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE RR 2025:KER:25614 OP(FC) 97/25 6 APPENDIX OF OP (FC) 97/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF OP 117/2023 FILED BY THE PETITIONER DATED 31-10-2018 PENDING BEFORE THE FAMILY COURT ADOOR Exhibit P-2 TRUE COPY OF THE OBJECTION DATED 29-2- 2024 FILED BY THE RESPONDENT IN EXT P-1 Exhibit P-3 TRUE COPY OF IA 1/2023 DATED 22-11-2018 FILED BY THE RESPONDENT IN EXT P-1 U/S 24 OF HINDU MARRIAGE ACT. Exhibit P-4 TRUE COPY OF THE COUNTER DATED 9-12-2018 FILED BY THE PETITIONER IN EXT P-3 Exhibit P-5 TRUE COPY OF THE ORDER DATED 2910-2024 OF THE FAMILY COURT ADOOR IN EXT P-3. .Exhibit P-6 TRUE COPY OF THE UNNUMBERED EXECUTION PETITION DATED 10-12-2024 FILED BY THE RESPONDENT IN EXT P-3 PENDING BEFORE THE FAMILY COURT ADOOR RESPONDENT EXHIBITS Exhibit R1(a) True copy of the Memorandum in MC No. 131/2018 before the Judicial First-Class Magistrate Court, Adoor, dated 24/5/18 Exhibit R1(b) True copy of the petition in CRL.MP 336/2016 in MC 131/2018 of the Judicial First-Class Magistrate Court, Adoor, dated 24/1/19 Exhibit R1(c) True copy of the petition in CRL.MP 634/2021in CRL.MP 336/19 in MC 131/2018 of the Judicial First-Class Magistrate Court, Adoor, dated 23/3/21 2025:KER:25614 OP(FC) 97/25 7 Exhibit R1(d) True copy of the petition in CRL.MP 705/2021in CRL.MP 336/19 in MC 131/2018 of the Judicial First-Class Magistrate Court, Adoor, dated 10/3/2022 Exhibit R1(e) True copy of the petition in CRL.MP 570/2024in CRL.MP 336/19 in MC 131/2018 of the Judicial First-Class Magistrate Court, Adoor Exhibit R1(f) True copy of the petition in CRL.MP 323/2025 in CRL.MP 336/19 in MC 131/2018 of the Judicial First-Class Magistrate Court, Adoor, Exhibit R1(g) True copy of the petition in CRL.MP 5534/2018 in MC 131/2018 of the Judicial First-Class Magistrate Court, Adoor Exhibit R1(h) True copy of the petition in CRL.MP 1324/2019 in MC 131/2018 of the Judicial First-Class Magistrate Court, Adoor Exhibit R1(i) True copy of the order in CMP 1420/2019 in MC 131/2018 of the Judicial First- Class Magistrate Court, Adoor, dated 16/4/2021 Exhibit R1(j) True copy of the petition in Crl.A.39/2021 filed by the 2nd respondent before the Addl.District and Sessions court Pathanamthitta Exhibit R1(k) True copy of the petition in CRL.MP.No.1820/2021 in CRL.A.39/2021 of Addl.District and Sessions court Pathanamthitta Exhibit R1(l) True copy of the memoranndum of O.P.No.1118/2023 of Family Court, Pathanamthitta