The petitioner herein is the respondent in M.C. No. 33/2014 before the Family Court, Kozhikode. His wife and three children claim maintenance from him under Section 125 Cr.P.C. During the proceedings, they made claim for interim maintenance. The petitioner herein made appearance, and made some objection. In fact, he did not raise very serious objection as regards the claim made by the children. However, claim made by the wife for interim maintenance was disallowed by the learned Trial Judge, and the petitioner herein was directed to pay maintenance to his children, three in number, at the rate of 1,000/- each per month. The said order dated 03.09.2014 in C.M.P. No. 252/2014 is sought to be quashed in this proceeding brought under Article 227 of the Constitution of India. 2. On hearing the learned counsel and on a perusal of the impugned order, I find no scope for interference at this stage, under Article 227 of the Constitution of India. The petitioner will O.P.(Crl) No.263 of 2014 2 have to raise all his contentions in the main proceeding if at all he has any physical disability preventing him from earning for his livelihood. That he is blind, is not by itself a defence or ground, not to pay maintenance to his children. Any way, if at all such a defence is available under the law, it will be decided by the trial court when the main case proceeds. Whatever order passed by the trial court for interim maintenance will be subject to final orders in the main proceeding, and whatever amount ordered will be adjusted towards the liability fixed finally in the main proceeding. I find no reason to admit this petition to files.
In the result, this O.P.(Crl) is dismissed, however without prejudice to the right of the petitioner to make contest, and raise all possible defences in the main proceedings.
Sd/-
P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE