Kerala High Court
Adarsh V.S vs Anjumol T.S on 5 February, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
RPFC NO. 274 OF 2024
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2025:KER:9219
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
RPFC NO. 274 OF 2024
AGAINST THE JUDGMENT DATED 17.05.2024 IN MC NO.241 OF
2021 OF FAMILY COURT, THALASSERY
REVISION PETITIONER/COUNTER PETITIONER:
ADARSH V.S.
AGED 34 YEARS
S/O.SADANANDAN, POLICE CONSTABLE,
VENATTU VEEDU, KELAKAM P.O.,
KANNOOR, PIN - 670674
BY ADVS.
P.R.MADHUSUDANAN
HASEENA KUNJOONJU
AADHITHYA KRISHNAN P.
RESPONDENTS/RESPONDENTS:
1 ANJUMOL T.S.
AGED 28 YEARS
D/O.SASI T.P., THARAPPEL HOUSE,
PAYAM P.O., VELLARIVAYAL,
ARALAM PANCHAYATH, IRITTY TALUK,
KANNOOR, PIN - 670703
RPFC NO. 274 OF 2024
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2025:KER:9219
2 THAMBARU, (MINOR)
AGED 3 YEARS
D/O.ADARSH, REPRESENTED BY MOTHER ANJUMOL T.S.,
D/O.SASI T.P., AGED 28 YEARS,
THARAPPEL HOUSE, PAYAM P.O.,
VELLANIVAYAL, ARALAM PANCHAYATH,
IRITTY TALUK, KANNOOR, PIN - 670703
BY ADVS.
SANTHOSH KUMAR T. P
C.H.ABDUL RASAC(K/912/2005)
ARCHANA VINOD(K/001693/2023)
THIS REV. PETITION(FAMILY COURT) HAVING COME UP FOR
ADMISSION ON 05.02.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
RPFC NO. 274 OF 2024
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2025:KER:9219
ORDER
This revision petition has been filed challenging the order passed by the Family Court, Thalassery in M.C.No.241 of 2021 dated 17.05.2024.
2. The petitioner is the husband of the 1 st respondent and the father of the 2nd respondent. The Family Court, after trial, granted monthly maintenance at the rate of Rs.6,000/- to the 1st respondent and Rs.3,000/- to the 2nd respondent. Challenging the said order, this revision petition has been filed.
3. I have heard Sri.P.R.Madhusudanan, the learned counsel for the petitioner.
4. The learned counsel for the petitioner submitted that the 1st respondent has contracted another marriage. Hence, she is no longer entitled to claim maintenance. The learned counsel for the petitioner further submitted that the petitioner is prepared to pay maintenance to the 2nd respondent as ordered by the Family Court.
RPFC NO. 274 OF 2024 4 2025:KER:9219 The remedy open to the petitioner is to approach the Family Court and file an application for modification of the maintenance order passed in favour of the 1 st respondent under Section 127 of Cr.P.C. Reserving the said liberty, the revision petition is dismissed.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE AS RPFC NO. 274 OF 2024 5 2025:KER:9219 APPENDIX OF RPFC 274/2024 PETITIONER ANNEXURES ANNEXURE - A1 TRUE COPY OF THE E.P. NOTICE DATED 3/7/2024 IN CRL.M.P.NO.198/2024 IN M.C.241/2021 ON THE FILE OF FAMILY COURT, THALASSERY ANNEXURE - A2 TRUE COPY OF M.C.241/2021 FILED BEFORE THE FAMILY COURT, THALASSERY, DTD. 24/9/21.
ANNEXURE - A3 TRUE COPY OF THE MEDICAL CERTIFICATE, DATED 30/7/2024, ISSUED BY THE MEDICAL OFFICER, PERAVOOR ANNEXURE - A4 TRUE COPY OF THE RECEIPT DTD. 22/8/2024, FOR RS.50,000/-, FROM THE FAMILY COURT, THALASSERY ANNEXURE - A5 TRUE COPY OF THE SALARY CERTIFICATED DATED 1/6/2024, ISSUED BY THE GOVT. OF KERALA POLICE ANNEXURE - A6 TRUE COPY OF THE PHOTOGRAPH OF THE MARRIAGE OF THE 1ST RESPONDENT.