IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 Crl.MC.No. 4363 of 2010() ------------------------------------ ( IN CMP 2208/2009 IN MC.458/2009 of FAMILY COURT, PALAKKAD) .................... PETITIONER(S): RESPONDENT -------------------------------------------- JAYARAJAN V., S/O.LATE VELAYUDHAN, MALAMPATHY KALAM, KANAKKANPARA, KUTTIPPALAM P.O., CHITTUR, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SMT. LIJU.M.P RESPONDENT(S): PETITIONERS ----------------------------------------------- 1. MANEESHA K.R., D/O.A.R.CHANDRAN, KOLLATHARA KALAM, MELAM, POLPULLY, POLPULLY P.O., PALAKKAD.PIN- 678 552. 2. MELSY M.J., AGED 6 (MINOR), D/O.MANEESHA K.R., REP. BY MOTHER, MANEESHA K.R., --DO--. 678 552. 3. MILAN M.J., AGED 3 (MINOR), S/O.MANEESHA K.R., REP. BY MOTHER, MANEESHA K.R., --DO--. 678 552. R1 BY ADV. SRI.VINOD KUMAR.C THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4363 OF 2010 --------------------------------------------- Dated 1st December, 2010 O R D E R Petitioner, husband of the first respondent and the father of respondents 2 and 3 filed this petition, challenging Annexure-B order passed by Family Court, Palakkad granting interim maintenance under Section 125 of Code of Criminal Procedure in C.M.P.2208/2009 filed by respondents in M.C.458/2009. 2. Learned counsel appearing for the petitioner and respondents were heard. 3. By Annexure-B order petitioner was asked to pay interim maintenance at the rate of Rs.2,000/- to the first child and Rs.1,000/- to the second child. In addition, he was asked to pay Rs.3,000/- per month to the wife. Argument of the learned counsel appearing for the petitioner is that petitioner is not Crmc 4363/10 2 having that much capacity to pay and the first respondent is an advocate by profession and is also having landed properties and income. 4. Considering the entire facts and circumstances of the case the petition is disposed as follows. Annexure-B order will stand modified on the petitioner depositing Rs.40,000/- before the Family Court, within one month from today. On such deposit, Family Court to permit respondents to withdraw the same. Family Court, Palakkad is directed to dispose M.C.458/2009, as expeditiously as possible, at any rate, within six months from the date of respondent of this order. If the amount as directed is not deposited within one month, Annexure-B order will stand revived. M.SASIDHARAN NAMBIAR, JUDGE. uj.