IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Crl.MC.No. 2967 of 2011() ------------------------- MC.75/2011 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER/RESPONDENT: ----------------------------- -- SREEKUMAR, S/O.RAMACHANDRAN PILLAI, RESIDING AT VENUBHAVAN,KAKKAZHAM (PO) AMBALAPPUZHA VILLAGE. BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 2. BINDHU, W/O.SREEKUMAR, RESIDING AT THUNDIL HOUSE, VENCHEMBU (PO),AYANIKODE, KARAVALOOR VILLAGE 691 333. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN R2 BY ADV. SRI.SYAM J SAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK Crl.MC.No. 2967 of 2011() -------------------------------- APPENDIX ------------- PETITIONER'S ANNEXURES ----------------------------- ANNEXURE A1 TRUE COPY OF THE PETITION VIDE M.C.NO.75/2011 ANNEXUREA2 TRUE COPY OF THE OBJECTION FILED IN M.C.NO.75/2011 DATED 08.6.2011 ANNEXURE A3 TRUE COPY OF THE ORIGINAL PETITION VIDE O.P.NO.187/2010 ON THE FILES OF FAMILY COURT,KOTTARAKKARA. ANNEXURE A4: TRUE COPY OF THE CERTIFIED COPY OF THE ORDER IN M.C.NO.75/2011 DATED 8.6.2011. RESPONDANTS'S EXHIBITS : NIL -------------------------------- / TRUE COPY / P.A. TO JUDGE VK N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.2967 of 2011 ----------------------------------- Dated this the 10th day of November 2011 O R D E R Petitioner is the respondent in M.C.No.75/2011 pending before the Family Court, Kottarakkara. A petition was filed by the petitioner therein who is the 2nd respondent herein for interim maintenance. The learned Judge, Family Court ordered interim maintenance at the rate of Rs.2,500/- per month to be payable to the 2nd respondent herein with effect from 24.2.2011. The petitioner contends that serious objections were filed to Annexure A1 petition filed by the wife for interim maintenance. Annexure A2 is the objection filed by him. The learned counsel submits that the 2nd respondent-wife is employed as a receptionist/accountant in PRS Hospital and she is drawing salary. That is denied by the learned counsel for the respondent-wife. It is also argued that as per Annexure A3 original petition, the Crl.M.C. No.2967 of 2011 -: 2 :- respondent-wife claimed maintenance at the rate of Rs.5,000/-. That was a petition filed before the Family Court, Kottarakkara for return of gold and money and also for future maintenance. The fact that the petitioner had married the 2nd respondent is not disputed. It was their 2nd marriage. 2nd respondent had a daughter aged 9 years born through her former husband. 2. Any way, so far as this petition is concerned, it is not necessary to go into other details. The question is whether the maintenance at the rate of Rs.2,500/- per month requires any alteration or modification. It cannot be said that the learned Judge has not considered the requirement of a lady to maintain herself. Since it is contended that the 2nd respondent is getting income by doing some work, it is just and proper that the interim maintenance is modified to Rs.2,000/- per month. But, it is made clear that at the final disposal of the case, the court below will decide the quantum of maintenance Crl.M.C. No.2967 of 2011 -: 3 :- untrammelled by the modification effected by this order. Petitioner herein will deposit the balance amount within two weeks from today before the court below and then it shall be released to the respondent-wife. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt