High CourtsSingle Bench

Suhad vs Nafila

High Court Of Kerala · Decided on 24 November 2022 · Citation: (2022) 11 KL CK 0287

HON’BLE JUDGES
A. Badharudeen, J
RESULT
Dismissed
CASE NUMBER
Original Petition (CRL.) NO. 473 Of 2022
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Judgment

6 paragraphs · 262 words

A. Badharudeen, J

1.

This Original Petition (Criminal) has been filed under Article 227 of the Constitution of India. Revision petitioner is the respondent in Crl.M.P.No.1/2022 in M.C.No.328/2019 on the file of Family Court, Kollam and the respondent herein is the original petitioner in the above petition. As per interim order dated 15.07.2022, the Family Court granted interim maintenance @ Rs.10,000/- to the respondent herein on the finding that in the marriage certificate produced before the Family Court the original petitioner had disclosed his occupation as `business'. Further, the Family Court observed that it would very well be imbibed that a person of his age (27 years) and caliber can earn at least an amount of Rs.30,000/- per month from some kind of business.

2.

In this case, the respondent would canvass Rs.20,000/-per month as maintenance, while the original petitioner disputes the quantum. Therefore, the amount what actually entitled is a matter to be decided on merits and now the case is at the interim stage.

3.

Therefore, I am inclined to modify the order directing the revision petitioner to pay Rs.6,000/- (Rupees Six thousand only) per month as interim maintenance and to pay the entire arrears within 30 days and continue to pay the said sum till the disposal of the M.C.No.328/2019 by the Family Court, Kollam.

4.

The learned Family Court Judge shall consider and dispose of M.C.No.328/2019 in tune with the decision of a Division Bench of this Court reported in [2021 (2) KLT 607], Shiju Joy v. Nisha, at the earliest.

This petition is accordingly allowed in part.