High Court Kerala High Court

T.K.Prasanth vs Rehna on 25 March, 2009

Kerala High Court
T.K.Prasanth vs Rehna on 25 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 618 of 2009()


1. T.K.PRASANTH, S/O.THANKAMMA, AGED 27
                      ...  Petitioner

                        Vs



1. REHNA, D/O.RAJA YOOSUF,
                       ...       Respondent

2. THE STATE OF KERALA,

                For Petitioner  :SRI.T.MADHU

                For Respondent  :SRI.M.D.SASIKUMARAN

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :25/03/2009

 O R D E R
                      M.N. KRISHNAN, J.
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                 CRL.M.C. NO. 618 OF 2009
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        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
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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

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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/-