MUHAMMED SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The case set up in the above Criminal Miscellaneous case, filed under Sec.482 of the Code of Criminal Procedure 1973, is to the effect that R-2 herein is the daughter of the petitioner herein and R2 is now aged 20 years and that due to family disputes, the petitioner herein and his wife (mother of R2) are living apart. Further that, R-2 has filed Annexure-A Memorandum of Maintenance Claim, as MC No.154/2021 before the Family Court, Attingal, under Sec.125 of Cr.P.C, in which the petitioner herein has been arrayed as the sole respondent therein and the claim therein is that the Family Court may order that the respondent therein (petitioner herein) shall pay maintenance to the applicant therein (R-2 herein) at the rate of Rs.25,000.00 per month. Further, the interim relief in Annexure-A petition is for an order from the Family Court, so as to direct the petitioner herein (respondent therein) to pay interim maintenance at the rate of Rs.25,000.00 per month to the applicant therein (R-2 herein). The Family Court has passed the impugned Annexure-D interim order dtd. 4/8/2022 in CMP No.92/2022 in MC No.154/2021, directing that, considering the facts and circumstances disclosed in this petition as well as the age of the parties and the financial capacity of the parties and the liability of the respondent therein (petitioner herein), the petitioner herein (respondent therein) shall pay interim maintenance at the rate of Rs.4000.00 per month to the applicant therein (R2 herein), which shall be paid on the 10th of every month.

(2.) Being aggrieved by the abovesaid proceedings, the petitioner herein (respondent therein) has preferred the instant Criminal Miscellaneous case, under Sec.482 of CrPC, seeking for quashment of the impugned Annexure-D interim order dtd. 4/8/2022 etc.

(3.) Heard Sri.V.Philip Mathews, learned counsel appearing for the petitioner, Sri.M.Dinesh, learned counsel appearing for R-2 herein and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for R-1 State.