Kerala High Court
Unknown vs Petitioner/ on 14 January, 2021
Author: Mary Joseph
Bench: Mary Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
OP(Crl.).No.217 OF 2020
IN M.C.NO.389/2018 OF FAMILY COURT, ATTINGAL
PETITIONER/RESPONDENT
ABILASH RADHAKRISHNAN, S/O RADHAKRISHNAN,
AGED 32 YEARS,
ABHIRAMA NILAYAM, KOTACHANVILA, VAZHUTHOOR,
NEYYATTINKARA, PIN-695 121
BY ADV.SRI.R.GOPAN
RESPONDENT/PETITIONER:
CHITHU VIJAYA,
VIJAYA VILASAM, VETTIYARA P.O.,
KADAMPATTUKONAM, NAVAIKULAM VILLAGE,
VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN-695 603
BY ADVS. SRI.R.RAJESH (VARKALA)
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SRI.SAMEER M NAIR
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No.217 OF 2020
2
JUDGMENT
Dated this the 14th day of January, 2021 The following reliefs are sought in the petition on hand:
"i) issue an order or direction directing the Family Court, Attingal to pass an interim order in M.C.No.389/2018 within the time fixed by this Honourable Court.
ii) such other direction or order as this Honourable Court deem fit and proper for the circumstances in this case."
2. The petition is filed under Section 227 of the Constitution of India. Copy of M.C.No.389 of 2018 appended to the petition on hand as Ext.P1 reveals that, it was filed on September, 2018 under Section 125 (1) Cr.P.C, and monthly maintenance allowance at the rate of Rs.15,000/- each was sought for the wife and child. The petitioner herein, the husband has already entered appearance and laid Vakkalath in the M.C.
3. The petitioner alleged that he is employed as an Airman in Indian Air Force and a salary of Rs.35,000/- is drawn in a month. According to him, the respondent is a Graduate in M.B.A as well as Homoeopathy. A photocopy of the degree of OP(Crl.).No.217 OF 2020 3 BHMS is produced herewith and marked as Ext.P2. According to him the respondent is also getting Rs.40,000/- monthly from her private practice in homoeo medicine.
4. The wife has filed a complaint before the Air Chief Marshal for getting maintenance to herself and the child and after adjudication of the claim, order No.30/2019 was passed directing the petitioner herein to pay monthly maintenance allowance at the rate of Rs.8,600/- to the wife for a period of five years at a time or till reunion or divorce or grant of maintenance allowance by Civil Court or discharge/retirement of the individual subject to Air Force Act,1950 or on establishing material changes in facts and circumstances, whichever is earlier. Rs.8,000/- was ordered as the monthly maintenance allowance to the child till the attainment of age of 25 years or getting employment or remains out of custody of father or when a maintenance is granted by a Civil Court or on discharge/retirement of the individual subject to the Air Force Act, 1950 or occurrence of any material change in facts and circumstances, whichever is earlier. The photocopy of the said order is also appended to the petition on hand as Ext.P3.
OP(Crl.).No.217 OF 2020 4
5. It is contended that the wife is getting the M.C pending on the files of Family Court, Attingal (for short 'the Family Court') adjourned severally and thus delaying the disposal of the M.C inordinately. It is contended that she is not even pressing for passing an order granting interim maintenance in her favour and for the child. The learned counsel has also cited 3 rd Proviso to Sub-Section (1) of Section 125 Cr.P.C to contend that a claim for interim maintenance or monthly maintenance, as the case may be, shall be disposed of by the Family Court within a period of 60 days from the date of service of notice of the application to the opposite party. It is contended by the learned counsel that though statutory provision stands in the manner, M.C filed in the year 2018 is pending without any orders being passed in it. In the context, seeking for a direction to the Family Court for expeditious disposal of the claim for interim maintenance allowance or the claim for monthly maintenance allowance.
6. It is true that the Code of Criminal Procedure in Section 125 Cr.P.C makes provision for disposal of claims made by wives for maintenance in a time bound manner. Period of 60 days from the date on which notice is served on the counter OP(Crl.).No.217 OF 2020 5 petitioner is provided by the Code. The M.C being filed in the year 2018, period of 60 days is already over and till date no order has been passed by the Family Court. The learned counsel for the respondent has also conceded that no order has been passed by the Family Court till date. In the above circumstances, this Court finds it expedient in the interest of justice to allow the petition.
In the result, O.P.(Crl.) stands allowed. The Family Court shall see that the claim for interim maintenance allowance or claim for a final order in the M.C granting monthly maintenance allowance, whichever is pressed by the party, shall be considered and disposed of within a period of one and three months, as the case may be, from the date of receipt of a certified copy of this judgment.
Sd/-
MARY JOSEPH JUDGE NAB OP(Crl.).No.217 OF 2020 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE M.C.NO.389/2018 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ATTINGAL EXHIBIT P2 PHOTOCOPY OF THE DEGREE CERTIFICATE OF BHMS ISSUED BY THE TAMILNADU HOMOEOPATHY MEDICAL COUNCIL, CHENNAI DATED 15.10.2015 EXHIBIT P3 PHOTOCOPY OF THE ORDER NO.30/2019 OF THE CHIEF OF AIR STAFF DATED 17TH OCTOBER 2019 RESPONDENT'S/S EXHIBITS: NIL //TRUE COPY// P A TO JUDGE