Navas N.A vs Nishan T. Navas (Minor) on 14 September, 2015

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Kerala High Court

Navas N.A vs Nishan T. Navas (Minor) on 14 September, 2015

Bench: B.Sudheendra Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

             THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

         MONDAY, THE 10TH DAY OF APRIL 2017/20TH CHAITHRA, 1939

                     OP(Crl.).No. 203 of 2017 (Q)
                     -----------------------------




PETITIONER(S):
-------------

            NAVAS N.A.
            AGED 46 YEARS, S/O.T.K.ABU, THAIVALAPPIL HOUSE,
            INCHIPARAMBU, UNICHIRA, THRIKKAKARA P.O., KOCHI-682021,
            ERNAKULAM DISTRICT.


            BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL)
                    SRI.C.Y.VINOD KUMAR



RESPONDENT(S):
--------------

            NISHAN T. NAVAS (MINOR)
            AGED 13 YEARS, S/O.NAVAS N.A., VAZHAPPALLY HOUSE,
            PERAMBODATH LANE, S.R.M.ROAD, KOCHI-682018,
            ERNAKULAM DISTRICT, REPRESENTED BY MOTHER SAJANI V.A.


            R1 BY ADVS. SRI.MANOJ B.MENON
                        SRI.R.UMASANKAR


       THIS OP (CRIMINAL)  HAVING BEEN FINALLY HEARD  ON  10-04-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 203 of 2017 (Q)
-----------------------------




                                APPENDIX




PETITIONER(S)' EXHIBITS
-----------------------

EXHIBIT P1     TRUE COPY OF THE AGREEMENT DATED 14-9-2015 EXECUTED
BETWEEN THE PETITIONER AND HIS WIFE.

EXHIBIT P2     TRUE COPY OF THE RECEIPT DATED 26-9-2015 ISSUED BY THE
WIFE TO THE PETITIONER.

EXHIBIT P3     TRUE COPY OF THE PETITION IN M.C.NO.310/2016 DATED
23-8-2016 ON THE FILE OF THE FAMILY COURT, ERNAKULAM.

EXHIBIT P4     TRUE COPY OF THE PETITION IN M.P.NO.829/2016 DATED
23-8-2016 FILED BY HIM ON THE FILE OF THE FAMILY COURT, ERNAKULAM.

EXHIBIT P5     TRUE COPY OF THE ORDER IN M.P.NO.829/2016 IN
M.C.NO.310/2016 DATED 2-2-2017 ON THE FILE OF THE HON'BLE FAMILY COURT,
ERNAKULAM.



RESPONDENT(S)' EXHIBITS   :  NIL
-----------------------




                                                             /TRUE COPY/



                                                          P. A. TO JUDGE




Pn



               B. SUDHEENDRA KUMAR, J.
                 --------------------------------
                O.P.(Crl.)No. 203 of 2017
                ----------------------------------
           Dated this the 10th day of April, 2017

                         JUDGMENT

Heard.

2. The learned counsel for the petitioner has submitted that Ext.P5 order is not a speaking order and hence, the same cannot be sustained.

3. As per Ext.P5, the court below directed the petitioner herein to pay Rs.10,000/- towards interim maintenance to the respondent herein. However, no reason has been stated in Ext.P5 as to why so much amount was granted towards interim maintenance. Every judicial order must be a speaking order, however short it be. Since Ext.P5 is not a speaking order, the same cannot be sustained and consequently, I set aside the same.

In the result, this Original Petition stands allowed, setting aside order dated 2.2.2017 in M.P.829/2016 in O.P.(Crl.)No. 203 of 2017 -: 2 :- M.C.310/2016. Considering the facts and circumstances of the case, including the submission at the Bar, I am of the view that the petitioner herein can be directed to pay Rs.6000/- (Rupees Six thousand only) per month to the respondent herein towards interim maintenance, till a final decision is taken by the court below in M.C.310/2016 and accordingly, I order so.

Sd/-

B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P.A. TO JUDGE//

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