Dileep Kumar K S vs Anjana Gopinath

The case projected in this original petition is as follows:

The petitioner herein is the respondent in MC 47/2019 pending before the Family Court Ernakulam. The petitioner submits that he made an offer before the Court below that he is willing to pay maintenance @ Rs.5,000/- per month to the minor child. Further it was contended that the mother of the child is working a as Senior Manage, UCO Bank and earning more than Rs. 1 Lakh. The respondent herein failed to substantiate their claim that the petitioner is working as Senior Specialist in Mavenier Systems at Germany having huge income bereft the Court below. Despite the same, the Court below without giving due reasons simply concluded that a sum of Rs.15,000/- be paid for the time being.

It is in the light of these aspects that the petitioner has filed the above instant petition under Article 227 of the Constitution of India with the following prayers:

I. To set aside Ext.P3 order dated 23/02/2019 in CMP No.178/2018 in MC No.47/2019 of the Family Court, Ernakulam to the extend it directs payment of Rs.15,000/- to the 2nd respondent.

Heard Smt.R.Leela learned Counsel appearing for the petitioner/husband and Smt. Jisa Soosan Thomas learned Counsel appearing for the respondents.

While admitting this case this Court had passed an interim order dated 12/04/2019, the operative portion of which reads as follows:

Taking note of the facts and circumstances of this case and in the interest of justice, it is ordered that the operation and enforcement of the impugned Ext.P-3 order dated 23.02.2019 rendered by the Family Court, Ernakulam on C.M.PNo.178/2018 in M.C.No.47/2019 will stand stayed subject to the condition that the petitioner will pay maintenance amount @Rs.5,000/-per month to the 2nd respondent (minor son) with effect from 01.01.2019 and the current amounts due from April, 2019 should be paid by the petitioner before the 10th of every month. The abovesaid amount shall be deposited by the petitioner before the Family Court, Ernakulam, upon which the said court will release the said amount to the 2nd respondent-minor through the 1st respondent.

After having heard both sides and after taking in to account the facts and circumstances of the case as made out in the pleadings and materials on record, it is seen that what is impugned in this case at Ext.P3 is only a interim order dated 23-02-2019 rendered by the Family Court in the main matter in MC.No.47/2019. The interest of justice would be advanced by directing that the Family court, Ernakulam will ensure that the main matter in MC.No.47/2019 should be finally disposed of without much delay preferably within in a period of two to three months from the date of production of certified copy of this judgment after affording reasonable opportunity of being heard to both sides. Until the final disposal of the main matter in MC.No.47/2019, the interim order rendered by this Court on 12/04/2019 in this original petition will be regulate the interlocutory arrangement. The said direction has been issued by this Court only as an interim arrangement and the said order shall not in any manner trammel or influence the Family court who will independently adjudicate and render its concerned decision in the main matter

With these observations and directions the above O.P(Crl.) will disposed of.

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF MC NO. 75/2018 FILED BEFORE FAMILY COURT, PALAKKAD TRANSFERRED AND NOW RENUMBERED AS M.C. NO. 47/2019

PENDING BEFORE THE FAMILY COURT, ERNAKULAM.

EXHIBIT P2

EXHIBIT P3

THE TRUE COPY OF THE CMP NO. 178/2018 IN MC NO. 47/2019 PENDING BEFORE THE FAMILY COURT, ERNAKULAM.

THE TRUE COPY OF THE INTERIM ORDER DATED 23/2/2019 IN CMP NO. 178/2018 IN MC NO. 47/2019 OF THE FAMILY COURT, ERNAKULAM.