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2025 DAILYLAW 6105 (KER)

S DILEEP KUMAR v. P S SASIKALA

OP(Crl.)/205/2025 · 2025-04-03

Kauser Edappagath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OP(CRL.) NO. 205 OF 2025 1 2025:KER:28584 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP(CRL.) NO. 205 OF 2025 AGAINST THE ORDER DATED 18.02.2025 IN CRMP 2/2024 IN MC NO.83 OF 2024 OF FAMILY COURT, THIRUVANANTHAPURAM PETITIONER/RESPONDENT: S DILEEP KUMAR AGED 60 YEARS S/O. LATE K SAMBASIVAN, DEVIKALPANA, KOTTUVILAKAM, PETTAH P O, THIRUVANANTHAPURAM, PIN - 695024 BY ADVS. P.YADHU KUMAR P.BABU KUMAR JAHRA K. RESPONDENT/PETITIONER: P S SASIKALA AGED 57 YEARS W/O. S DILEEP KUMAR, TC/91/1333(1), SAKSHI BHAVAN, (CNRA), KARIKKAKAM P O, OP(CRL.) NO. 205 OF 2025 2 2025:KER:28584 THIRUVANANTHAPURAM., PIN - 695021 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CRL.) NO. 205 OF 2025 3 2025:KER:28584 O R D E R Exhibit P5 order of interim maintenance passed by the Family Court, Thiruvananthapuram is under challenge in this original petition. 2. The petitioner herein is the husband of the respondent. The respondent filed a maintenance case against the petitioner before the Family Court, Thiruvananthapuram as M.C.No.83/2024 claiming monthly maintenance. The respondent had also filed Crl.M.P.No.2 of 2024 claiming interim maintenance. The Family Court granted interim maintenance of Rs.8,000/- per month to the respondent. The said order is under challenge in this original petition. 3. Heard both sides. 4. The marriage is not in dispute. The petitioner, being the legally wedded husband of the respondent, is legally and morally bound to maintain her. The Family Court found that OP(CRL.) NO. 205 OF 2025 4 2025:KER:28584 based on the available materials, there is nothing on record to show that the respondent has any income to maintain herself. The petitioner has admitted that he is getting a monthly pension of Rs.35,000/-. 5. Considering the requirement of the respondent and the means of the petitioner, the amount of interim maintenance granted by the Family Court appears to be absolutely reasonable. I find no reason to interfere with the impugned order. Accordingly, the original petition is dismissed. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS OP(CRL.) NO. 205 OF 2025 5 2025:KER:28584 APPENDIX OF OP(CRL.) 205/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE M.C. 83/2024 DATED 27/04/2024 FILED BY THE RESPONDENT HEREIN BEFORE THEFAMILY COURT, THIRUVANANTHAPURAM. Exhibit P2 TRUE COPY OF OBJECTION FILED BY THE PETITIONER HEREIN IN M.C NO. 83/2024. DATED 08/11/2024 OF THE FAMILY COURT, THIRUVANANTHAPURAM. Exhibit P3 TRUE COPY OF THE CRL.M.P NO. 2/2024 IN M.C. NO.83/2024 DATED 27/04/2024 FILED BY THE RESPONDENT HEREIN BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. Exhibit P4 TRUE COPY OF THE OBJECTION IN CRL.M.P NO. 2/2024 IN M.C. NO.83/2024 DATED 29/11/2024 FILED BY THE PETITIONER HEREIN, BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. Exhibit P5 TRUE COPY OF THE ORDER IN CRL.M.P NO.2/2024 IN M.C. NO. 83/2024 DATED 18/2/2025 OF THE FAMILY COURT, THIRUVANANTHAPURAM.