VAIGA M R (MINOR) v. RATHEESH M.A

Order

“Heard. Respondents not co-operating - DNA test absent. No objection filed. Hence interim maintenance to child @ Rs.15,000- per month.”

2. Pursuant to the above order, the proceedings before the Family Court continued. Crl.M.P No.25/2023 was filed by the petitioner herein to strike off the defence of the respondent for non-payment of maintenance ordered. On 02.06.2023, the Family Court found that the respondent has failed to pay the maintenance already ordered. There is a reference in the said order that the interim maintenance initially ordered was reduced to Rs.5,000/- per month on 16.6.2020 and that there was a arrear of maintenance Rs.72,273/-. The Court therefore directed the defence of the respondent to be struck off. OP (Crl) No. 677 of 2023 3

3. All these while, the order directing reduction of interim maintenance was, as mentioned, issued on 16.06.2020, which

was never challenged until this original petition was filed. In this context, it is essential to refer to Exhibit P13 which is the order reducing the maintenance and is now challenged. The order reads as follows: “Heard. It is seen that the respondent is co-operating with the DNA test. Hence interim maintenance of Rs.15,000 is reduced to Rs.5,000/- per month. Call on 13.7.2020. ”

4. I have heard Sri. Luke J Chirayil, learned counsel for the petitioner as well as Adv. Melba Mary Santhosh, learned counsel for the respondent.

5. Though the impugned order cannot be termed as a speaking order and does not satisfy the legal requirements under Section 127 of Cr.P.C., due to the long delay in challenging the said order, this Court deems it not necessary to interfere with the said order.

6. The impugned order was issued on 16.06.2020 and there was no challenge against the order until 04.09.2023. The order continued to remain in existence all long. It is after more than three years that the present challenge is initiated. By the lapse of OP (Crl) No. 677 of 2023 4 time, the original maintenance case itself has become ripe for trial. In this context, the nature of challenge raised against the interim maintenance order may not have a serious implication since the final order of maintenance always relates back to the date of filing of the petition.

7. The dispute now raised regarding the interim order of maintenance as mentioned earlier, will not have any significant impact in the peculiar circumstance of the case. Therefore, I find no reason to interfere with the interim order dated 16.6.2020 due to the long delay in challenging the said order.

8. However, since the maintenance case is of the year 2017 the Family Court, Pala is directed to dispose of the said case as expeditiously as possible, at any rate within a period of six months from the date of receipt of copy of this judgment. Needless to mention, the maintenance case shall be disposed of untrammelled by any of the observations made in this judgment. With the above observations this Original petition is dismissed. BECHU KURIAN THOMAS Rvm JUDGE Sd/- OP (Crl) No. 677 of 2023 5 APPENDIX OF OP(CRL.) 677/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 THE TRUE COPY OF THE PETITION DATED 23/09/2017 NUMBERED AS M.C. NO. 85 OF 2017, ON THE FILES OF HONORABLE FAMILY COURT, PALA THE TRUE COPY OF THE OBJECTION DATED 06.12.2018 IN M.C. NO. 85 OF 2017 FILED BY THE RESPONDENT ON THE FILES OF HONORABLE FAMILY COURT, PALA. THE TRUE COPY OF THE M.P. NO 221/2017 ON THE FILES OF THE HONOURABLE FAMILY COURT, PALA THE TRUE COPY OF THE ORDER OF THE HONOURABLE FAMILY COURT, PALA IN M.P. NO 221/2017 DATED 05.08.2019. THE TRUE COPY OF THE IA. NO 1 OF 2023 IN M.C. 85/2017 DATED 30.01.2023. TRUE COPY OF THE CASE STATUS OF M.C. 85/2017 OBTAINED FROM E-COURTS WEBSITE. TRUE COPY OF THE JUDGMENT DATED 24.05.2023 IN OP (FC) NO. 266 OF 2023 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA. TRUE COPY OF THE JUDGMENT DATED 25.05.2023 IN OP (FC) NO. 275 OF 2023 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA. TRUE COPY OF THE JUDGMENT DATED 25.05.2023 IN OP (FC) NO. 273 OF 2023 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA. Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 24.05.2023 IN OP (FC) NO. 265 OF 2023 ON THE FILES OF THE HON'BLE HIGH COURT OF KERALA. OP (Crl) No. 677 of 2023 6 Exhibit P11 Exhibit P12 Exhibit P13 TRUE COPY OF THE COMMON ORDER DATED 07.06.2023 IN I.A. NO. 3 OF 2023 IN O.P. NO. 532/2018, I.A. NO. 2 OF 2023 IN O.P. NO. 527/2018, I.A. NO. 3 OF 2023 IN O.P. NO. 654/2017 AND I.A. NO. 6 OF 2023 IN O.P. NO. 152 OF 2020 ON THE FILES OF THE HON'BLE COURT OF THE JUDGE, FAMILY COURT, PALA. TRUE COPY OF THE ORDER DATED 02.06.2023 IN M.P. NO. 25/2023 IN M.C. NO. 85/2017 ON THE FILES OF THE HON'BLE COURT OF THE JUDGE, FAMILY COURT PALA. TRUE COPY OF THE ORDER DATED 16.06.2020 IN M.P. NO. 221 OF 2017 IN M.C. NO. 85 OF 2017 ON THE FILES OF THE HON'BLE FAMILY COURT, PALA. RESPONDENT EXHIBIT Exhibit R1A A copy of the medical report stating the conditions of the respondent.