O.P.(Crl.) No. 717 of 2024 ..1.. 2025:KER:30461 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 OP(CRL.) NO. 717 OF 2024 AGAINST THE ORDER DATED 23.04.2024 IN CRL.M.P.NO. 73 OF 2024 IN MC NO.83 OF 2023 OF FAMILY COURT, THIRUVALLA PETITIONER/RESPONDENT IN THE M.C.: CHANDRAJITH C.K AGED 31 YEARS, S/O CHANDRAN PILLAI, KALABHAVAN, KODUKULANJI P.O, ALA VILLAGE, CHENGANNUR THALUK, ALAPUZHA REPRESENTED BY POWER OF ATTORNY HOLDER K.V GOPINATHAN, AGED 78, S/O LATE VASUDEVAPANIKKER, LETHEESH BHAVAN, KODUKULANJI P.O, ALA VILLAGE, CHENGANNUR THALUK, ALAPPUZHA, PIN - 689508 BY ADV MANSOOR ALI RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 JAGATHAMBIKA V K AGED 24 YEARS, D/O RAMA DEVI, VALIYAKAALA PUTHANVEETIL, KUMBANAD, KADAPRA, PATHANAMTHITTA, PIN - 689547 3 DEVAVRITH AGED 3 YEARS, S/O JAGATHAMBIKA REPRESENTED BY ITS MOTHER, VALIYAKAALA PUTHANVEETIL, KUMBANAD, O.P.(Crl.) No. 717 of 2024 ..2.. 2025:KER:30461 KADAPRA, PATHANAMTHITTA, PIN - 689547 BY ADV K.N.RADHAKRISHNAN (THIRUVALLA) SMT.SREEJA V., SR. PP THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(Crl.) No. 717 of 2024 ..3.. 2025:KER:30461 J U D G M E N T Exhibit P6 interim order of maintenance passed by the Family Court, Thiruvalla, is under challenge in this original petition. 2. The petitioner is the husband of the 2nd respondent and father of the 3rd respondent. The 2nd and 3rd respondents filed M.C.No.83 of 2023 before the Family Court, Thiruvalla, claiming maintenance. They had also filed an application for interim maintenance. The Family Court granted monthly interim maintenance at the rate of Rs.8,000/- to the 2nd respondent and Rs.5,000/- to the 3rd respondent as per the impugned order. 3. I have heard Sri.Mansoor Ali, the learned counsel for the petitioner, Sri.K.N.Radhakrishnan (Thiruvalla), the learned counsel for 2nd and 3rd respondents and Smt.V.Sreeja, the learned Senior Public Prosecutor. 4. The marriage and paternity are not in dispute. The O.P.(Crl.) No. 717 of 2024 ..4.. 2025:KER:30461 petitioner being the legally wedded husband of the 2nd respondent and father of the 3rd respondent is legally and morally bound to maintain them. The learned counsel for the petitioner submitted that the 1st respondent is living separately without any justifiable cause and she is not entitled for maintenance. That is a matter to be decided at the time of trial. Even though the petitioner has contended that the 1st respondent has job, there is nothing on record to substantiate the same. Admittedly, the petitioner is a government employee. He is working in the Military. Considering the requirements of the 2nd and 3rd respondents and the means of the petitioner, the monthly interim maintenance granted by the Family Court appears to be very reasonable. I see no reason to interfere with the impugned order. Accordingly, this original petition is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA O.P.(Crl.) No. 717 of 2024 ..5.. 2025:KER:30461 APPENDIX OF OP(CRL.) 717/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MEMORANDUM IN M.C.83/2023 DATED 05.07.2023 EXHIBIT P2 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN IN CRL.M.P 73/2024 OF FAMILY COURT, THIRUVALLA DATED 31.03.2024 EXHIBIT P3 THE TRUE COPY OF THE LAWYER NOTICE DATED 26.04.2023 EXHIBIT P4 THE TRUE COPY OF THE REPLY NOTICE SEND BY THE 2ND RESPONDENT THROUGH LAWYER DATED 09.05.2023 EXHIBIT P5 THE TRUE COPY OF THE AFFIDAVIT SHOWING ASSET AND LIABILITY OF THE PETITIONER HEREIN DATED 30.03.2024 EXHIBIT P6 THE TRUE COPY OF THE ORDER IN CRL.M.P 73/2024 DATED 23.04.2024