SUNIL KUMAR T. Vs. UTHARA

JUDGEMENT

(1.) This Original Petition is filed under Article 227 of the Constitution of India seeking to quash Ext.P4 order passed by Family Court, Pathanamthitta in Crl.M.P. No.305/2019 in M.C No.132/2019. Crl.M.P. No.305/2019 was filed by the girl child of the petitioner seeking for monthly allowance for interim maintenance from him. The respondent appeared before the Family Court and submitted that he is an Ex-service man getting Rs.20,000.00 as pension. The Family Court directed the respondent on the basis of that information to pay Rs.5,000.00 as monthly allowance for interim maintenance. Being aggrieved by the above order, this Original Petition (Criminal) is filed.

(2.) The learned counsel for the petitioner submitted on the basis of the certificate of birth of the girl child produced alongwith the petition on hand that she has become major on 19/7/2021. Accordingly, it was contended that her entitlement to get monthly allowance for interim maintenance is only up to the month of the year in which she attained the age of majority. According to the learned counsel, though the Family Court was apprised of that aspect, it was not considered and thereby the impugned order was passed.

(3.) The copy of the objection filed before the Family Court in the M.C is produced. It bears the date on which the impugned order was passed. Though objection is not separately filed in Crl.M.P No.305/2019, it being filed in the M.C and available to the Family Court while proceeding to pass an order granting monthly allowance for interim maintenance, it shall take those into account. If any reliable documentary evidence is already made available for consideration of the Family Court, those must also be dealt with, in the order passed.