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Ayyoob Pillatt

High Court Of Kerala|24 October, 2014
|

JUDGMENT / ORDER

Petitioner herein is the respondent in M.C.No.111/2014 before the Family Court, Malappuram. He is aggrieved by the interim maintenance order passed by the learned trial judge on 11.06.2014, granting maintenance to his wife at the rate of Rs.4,000/- per month, and to the two children at the rate of Rs.2,500/- per month and Rs.1,500/- per month respectively. As required by the court, the learned trial judge submitted report that the case now stands posted for the counter statement of the respondent (petitioner herein), and that the maintenance claim could be finally disposed of within one month from the date of filing of counter statement. In the present circumstances, I do not find the absolute necessity of interference in the order passed by the trial court, under Section 482 Cr.P.C. Whatever amount paid by the petitioner under the impugned order will definitely be adjusted towards the maintenance due under Section 125 Cr.P.C. O.P.(Crl.) No. 161 Of 2014 2 as per the final order passed by the court. Whether the wife is entitled to get Rs.4,000/- per month, will be decided in the final proceedings by the trial court. Petitioner herein has no reason for any concern in the present circumstances where the interim order passed by the court is only an interim arrangement for the maintenance of his own wife and children, subject to final orders in the main proceedings. If counter statement is filed at the earliest by the petitioner, there will be final disposal within a short time as reported by the learned trial judge. I find no reason to admit this petition to files.
In the result, this original petition is dismissed in limine, without being admitted to files.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Ayyoob Pillatt

Court

High Court Of Kerala

JudgmentDate
24 October, 2014
Judges
  • P Ubaid
Advocates
  • Sri Lal K Joseph
  • Sri