IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Crl.MC.No. 618 of 2009(B) ------------------------------ (AGAINST THE ORDER IN CRL.APPEAL NO.298/08 ON THE FILE OF THE SESSIONS COUR, ALAPPUZHA AND CMP 1651/08 IN CMP 1650/08 OF CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA.) PETITIONER(S): APPELLANT/IST RESPONDENT ----------------------------------------------------- T.K.PRASANTH, S/O.THANKAMMA, AGED 27 YEARS, KUZHIKOMBIL, ELANJI, ERNAKULAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): RESPONDENTS/PETITIONER & STATE ---------------------------------------------------------------- 1. REHNA, D/O.RAJA YOOSUF, REHNA MANZIL, MANNANCHERY, ALAPPUZHA. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.M.D.SASIKUMARAN FOR R1 PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 618 OF 2009 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2009. O R D E R This petition is filed with a prayer to set aside Annexure-A6 judgment and Annexure-A5 order. The facts of the case would reveal that the petitioner before the trial court had filed an application u/s 23 of the Protection of Woman from Domestic Violence Act, 2005. The contention is to the effect that the petitioner herein had promised to marry her and they had sexual connections for several times at several places and that a marriage was got registered from Pala Sub Registry Office. Thereafter things went out of hand. He did not bother to marry her and so the petition is filed with a prayer for getting maintenance as well. The trial court on appreciation of the materials granted an interim maintenance of Rs.2,000/- per month and that has been affirmed by the appellate court. It is challenging these orders the petitioner has come up before this Court. Since the matter is pending final adjudication I do not want to Crl.M.C. 618 OF 2009 -:2:- elaborately consider the issue for the reason that it may affect either of the parties. But it has to be found out whether there is a prima facie case in order to suspend the order of interim maintenance. The definition of domestic relationship is so wide that it takes in even when there is a relationship in the nature of a marriage. There are materials to show that a document of marriage has been registered. It is averred in the petition that they have lived together and had relationship. So there is a prima facie satisfaction which requires further probe at the time of final enquiry. I feel the amount of Rs.2,000/- awarded as an interim maintenance is slightly on the higher side. I reduce it to Rs.1,500/- and direct the interim maintenance to be paid. Since there are other contentions which require urgent consideration I direct the learned Magistrate where the matter is pending to finally dispose of the matter within two months from the date of receipt of a copy of this order. 2. I make it clear that the observations contained in any of these orders including the order of this Court shall not Crl.M.C. 618 OF 2009 -:3:- be the guiding factor for arriving at a decision in the case but should be on independent consideration of the materials supplied at the stage of trial. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-