Kerala High Court
Sibin Thottathil Mathew vs State Of Kerala on 27 October, 2025
2025:KER:80840
CRL.MC NO. 1442 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
MONDAY, THE 27TH DAY OF OCTOBER 2025 / 5TH KARTHIKA, 1947
CRL.MC NO. 1442 OF 2024
AGAINST THE JUDGMENT IN MC NO.75 OF 2021 OF CHIEF JUDICIAL
MAGISTRATE PATHANAMTHITTA
PETITIONERS/RESPONDENTS:
1 SIBIN THOTTATHIL MATHEW
AGED 37 YEARS
S/O T.M MATHEW, THOTTATHIL HOUSE, KUMBAZHA P.O,
PATHANAMTHITTA., PIN - 689653
2 JESSY MATHEW
AGED 61 YEARS
W/O LATE T.M MATHEW, THOTTATHIL HOUSE, KUMBAZHA P.O,
PATHANAMTHITTA., PIN - 689653
BY ADVS.
SRI.VISHNU BHUVANENDRAN
SMT.B.ANUSREE
SMT.MIRAL K.JOY
SHRI.ABHILASH C.V.
SHRI.VARUN JACOB
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 MEEDHU VINAYAN
AGED 33 YEARS
2025:KER:80840
CRL.MC NO. 1442 OF 2024
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D/O LOUIS KOCHUKUTTY VINAYAN, MOOLAMURIYIL HOUSE,
KUMBAZHA P.O, PATHANAMTHITTA., PIN - 689653
BY ADV SHRI.AKHIL VIJAY
SR.PP-SRI.A.VIPIN NARAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:80840
CRL.MC NO. 1442 OF 2024
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ORDER
The petitioners are the respondents in M.C.No.75/2021 pending before the Chief Judicial Magistrate Court, Pathanamthitta. The above M.C. was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short D.V.Act). As per Annexure A1 order dated 25.06.2021, the learned Magistrate had passed an order under Section 23(1) of the D.V.Act directing the petitioner herein to pay interim maintenance @ Rs.8,000/- per month to the petitioner in the M.C and to her minor child. Admittedly, the petitioner herein failed to comply with Annexure A1 order. Since the petitioner failed to file objection to the MC, on 19.12.2023, the learned Magistrate set the petitioner herein exparte and posted the matter for recording the evidence of the petitioner, against which he filed C.M.P.No.4682/2023 for setting aside the exparte order. As per order dated 23.12.2023, the learned Magistrate directed the petitioner herein to clear the entire arrears of maintenance by the next hearing date. Thereafter, there was dispute with regard to the rate of interim maintenance. The petitioner herein has raised a contention that a Division Bench of this Court has, as per Annexure II order, reduced the rate of interim maintenance from Rs.8,000/- to 5,000/- and 2025:KER:80840 CRL.MC NO. 1442 OF 2024 4 directed the petitioner herein to pay the interim maintenance at the rate of Rs.5,000/- and as such he is not liable to pay interim maintenance at the rate of Rs.8,000/-. However, the learned Magistrate directed the petitioner herein to pay interim maintenance at the rate of Rs.8,000/- per month and when he failed to comply the said order, the above C.M.P was dismissed. Aggrieved by the same, he preferred this Crl.M.C.
2. Annexure II order was passed by a learned Division Bench of this Court in O.P(FC) No.31/2022. It was filed by the respondent herein in connection with a dispute regarding the custody of the child with the petitioner herein. While the learned Division Bench was entertaining the above O.P, both parties were summoned and during interaction with the parties, the respondent herein complained that the 1st petitioner herein is not paying the interim maintenance as ordered by the learned Magistrate, while the 1 st petitioner herein complained that the respondent is not showing the child to him. At that time, the 1st petitioner herein had expressed his readiness to pay interim maintenance at the rate of Rs.5,000/- which the learned Division Bench only recorded in the said order and directed him to pay the same in a time bound manner.
3. As argued by the learned counsel for the respondents and as 2025:KER:80840 CRL.MC NO. 1442 OF 2024 5 fairly conceded by the learned counsel for the petitioners, in Annexure II order, the learned Division Bench has not reduced the interim maintenance from Rs.8,000/- to Rs.5,000/- fixed by the learned Magistrate. At the same time, the learned Division Bench has only recorded the undertaking given by the petitioners herein.
4. In the above circumstances, there is no merit in the argument advanced from the side of the petitioners that the learned Division Bench has reduced the interim maintenance from Rs.8,000/- to Rs.5,000/-. Now it is admitted by both sides that the M.C is ripe for evidence. According to the learned counsel for the 2nd respondent, the 1st petitioner has not even paid the entire arrears of maintenance at the rate of Rs.5,000/- and a sum of Rs.65,000/- is due in the above rate. The learned counsel for the petitioners disputed the quantum of arrears due from him.
5. Considering the facts, I hold that this Crl.M.C. can be disposed of by directing the 1st petitioner to pay interim maintenance at the rate of Rs.5,000/- per month, till the disposal of the MC. Accordingly, this Crl.M.C. is disposed of as follows:
The 1st petitioner is directed to pay interim maintenance at the rate of 2025:KER:80840 CRL.MC NO. 1442 OF 2024 6 Rs.5,000/- per month, till the disposal of the MC. Arrears of interim maintenance till date is to be paid within one month from today. In case he pays the arrears of interim maintenance at the rate of Rs.5,000/- till date, within a period of one month, the learned Magistrate shall set aside the exparte order and proceed to dispose of the M.C. at the earliest. In case the 1 st petitioner fails to pay the entire arrears of interim maintenance as ordered above, the learned Magistrate may proceed with the MC ex parte.
It is made clear that the learned Division Bench has not reduced the interim maintenance from Rs.8,000/- to Rs.5,000/-.
Sd/-
C.PRATHEEP KUMAR JUDGE SAS 2025:KER:80840 CRL.MC NO. 1442 OF 2024 7 APPENDIX OF CRL.MC 1442/2024 PETITIONERS' ANNEXURES Annexure-I TRUE COPY OF THE ORDER DATED 25.06.2021 IN CRL.MP NO. 621/21 IN MC NO. 75/21 OF THE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA Annexure-II TRUE COPY OF THE ORDER DATED 29.08.2022 IN OP(FC) NO. 31/2022 FILED BEFORE THE HONOURABLE HIGH COURT Annexure-III TRUE COPY OF THE E-COURTS STATUS OF MC NO75/2021 DATED 19.12.2023 OBTAINED FROM THE E-COURTS SERVICES WEBSITE Annexure-IV TRUE COPY OF THE E-COURTS STATUS OF MC NO75/2021 DATED 23.12.2023 OBTAINED FROM THE E-COURTS SERVICES WEBSITE Annexure-V TRUE COPY OF THE E-COURTS STATUS OF MC NO75/2021 DATED 20.01.2024 OBTAINED FROM THE E-COURTS SERVICES WEBSITE Annexure-VI TRUE COPY OF THE E-COURTS STATUS OF MC NO75/2021 DATED 07.02.2024 OBTAINED FROM THE E-COURTS SERVICES WEBSITE Annexure-VII TRUE COPY OF THE E-COURTS STATUS OF MC NO75/2021 DATED 09.02.2024 OBTAINED FROM THE E-COURTS SERVICES WEBSITE Annexure-VIII TRUE COPY OF THE B-DIARY EXTRACT OBTAINED FROM THE HONOURABLE CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA IN M.C 75/2021 DATED NIL