O.P.(Crl) No.208/2025 1 2025:KER:28380 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. 208 OF 2025 AGAINST THE ORDER DATED 04.02.2025 IN MC NO.161 OF 2023 OF FAMILY COURT, MUVATTUPUZHA PETITIONER/RESPONDENT: ABUBACKER SIDHIQ, AGED 29 YEARS S/O MUHAMMED HANEEFA, OZHIPARAMBILPEEDIYEKKAL HOUSE, FREEDOM ROAD, DESHABHIMANI, KALOOR, ERNAKULAM VILLAGE, KANNIYANNOOR TALUK, ERNAKULAM, PIN - 682017 BY ADVS. P.F.ROSY PHILIP.N.JOSEPH C.J.JINCY SNEHA RAJIV RESPONDENT/PETITIONER: 1 ANEESA P S, AGED 25 YEARS D/O SHERIF, PARAMKUDYIL HOUSE, KAITHAKAD, PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULUM DISTRICT ., PIN - 683562 2 MUHAMMED EEZA, AGED 1 YEARS (MINOR) S/O ABUBACKERSIDHIQ, OZHIPARAMBILPEEDIYEKKAL HOUSE, REPRESENTED BY HER MOTHER ANEESA P S, AGED 25 YEARS, D/O SHERIF, PARAMKUDYIL HOUSE, KAITHAKAD, PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULUM DISTRICT, PIN - 683562 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(Crl) No.208/2025 2 2025:KER:28380 JUDGMENT Ext.P5 order granting interim order of maintenance under Section 125 of Cr.P.C is under challenge in this original petition. 2. The petitioner is the husband of the 1st respondent and the father of the 2nd respondent. The respondents filed a maintenance case against the petitioner claiming maintenance as M.C.No.161/2023 before the Family Court, Muvattupuzha. The respondents also filed M.P.No.710/2023 claiming interim maintenance. The Family Court granted interim monthly maintenance at the rate of ₹5,000/- to the 1st respondent and ₹2,000/- to the 2nd respondent as per the impugned order. The said order is under challenge in this original petition. 3. I have heard the learned counsel for the petitioner. 4. The learned counsel for the petitioner submitted that in a proceedings under the Protection of Women from Domestic Violence Act, 2005, the Gram Nyayalaya, Vadavucode, Kolenchery had already passed Ext.P1 order granting interim monthly maintenance at the rate of ₹7,000/- to O.P.(Crl) No.208/2025 3 2025:KER:28380 the respondents. However, the impugned order would show that the Family Court had taken into consideration the said order as well. The petitioner does not have a case that the 1st respondent is employed. According to the petitioner, he is an Accountant and earns only ₹12,000/- per month. However, in the matrimonial site, in his profile, he stated his income as ₹10 to 12 lakhs per annum. Both the Gram Nyayalaya and Family Court have taken into account the said evidence and ordered the maintenance. The question whether the income stated by him in his profile in the matrimonial site is correct or not is a larger issue to be decided in the MC. However, the petitioner has admitted that he is having job and income. Considering the requirement of the respondents and the ability and means of the petitioner, the monthly interim maintenance granted by the Family Court over and above the interim monthly maintenance granted by the Gram Nyayalaya appears to be reasonable. I see no reason to interfere with the impugned order. The original petition is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp O.P.(Crl) No.208/2025 4 2025:KER:28380 APPENDIX OF OP(CRL.) 208/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DTD.25.03.2024 PASSED BY THE HON’BLE GRAMANAYALAYA VADAVUCODE IN MP NO 984/2023 IN M C NO. 50/2023 Exhibit P2 TRUE COPY OF MC NO.161 OF 2023 DTD.25.10.2023 ON THE FILE OF THE HON’BLE FAMILY COURT MUVATTUPUZHA FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT, MUVATTUPUZHA Exhibit P3 TRUE COPY OF M.P. NO 710 OF 2023 DTD 25.10.2023 FILED IN M.C. NO.161 OF 2023 FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT, MUVATTUPUZHA Exhibit P4 TRUE COPY OF THE ASSET AND LIABILITY DISCLOSURE AFFIDAVIT 16.03.2024 Exhibit P5 TRUE COPY OF THE ORDER DTD. 04.02.2025 IN M.P. NO. 710 OF 2023 IN M.C. NO. 161/2023 OF THE FAMILY COURT, MUVATTUPUZHA