JIJI C. SENAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition is filed under Article 227 of Constitution of India against an order passed by Family Court, Ernakulam (for short 'the court below') on 25/10/2021 in M.P.No.629/2021 in M.C.No.198/2021. The order assailed reads:

(2.) It is found from the impunged order that it was passed when M.P.No.629/2021 was posted for objection of the respondent. A direction is found issued to the respondent in the impugned order to pay Rs.6,000.00 as interim maintenance allowance to the child till disposal of the MC but at the same time the wife was denied any interim maintenance allowance without assigning any reasons.

(3.) What was the reason for declining to pass an order granting interim maintenance allowance to the wife was not revealed from the order extracted above. Therefore, the order is a non-speaking one. There is no hard and fact rule that all claims of the parties must be allowed. But, the party has a right to be informed of the reasons for denial of his/her calim or for prolonging it's consideration to a future date. Since such a reason is not stated in the impugned order, it is liable to fail.