K.V.Praveen vs K.A.Velayudhan on 27 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 462 of 2007()


1. K.V.PRAVEEN, S/O. K.A.VELAYUDHAN,
                      ...  Petitioner

                        Vs



1. K.A.VELAYUDHAN, S/O. APPY,
                       ...       Respondent

2. THE STATE OF KERALA, REP. BY

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :27/06/2008

 O R D E R
                          R.BASANT, J.
                       ----------------------
                     Crl.M.C.No.462 of 2007
                   ----------------------------------------
              Dated this the 27th day of June 2008

                              O R D E R

The petitioner is the son against whom his father, the first

respondent herein has filed a claim for maintenance under

Section 125 Cr.P.C. The son, who is employed abroad, did not

appear in person and prayed that he may be permitted to

conduct the case through his power of attorney, that is his

mother and the wife of the claimant. The learned Judge of the

Family Court granted permission on condition that the petitioner

deposits an amount of Rs.50,000/- to feed the order if any passed

in the maintenance case. At the time of admission, there was a

direction that an amount of Rs.15,000/- be deposited and

accordingly the said amount has been deposited, it is submitted.

When this matter came up for hearing, at the suggestion of the

court, an agreement has been struck. It is agreed that the

impugned order can be modified and the amount directed to be

deposited can be reduced to Rs.15,000/-. The said amount

having already been paid, there shall be a direction that the

same shall be released to the aged claimant and appropriate

Crl.M.C.No.462/07 2

directions about the adjustment of that amount must be issued

when the final order is passed. It is further agreed that there

can be a direction to the learned Judge of the Family Court to

dispose of the case as expeditiously as possible at any rate within

a period of four months from the date on which a copy of this

order is placed before the learned Judge.

2. This petition is allowed in part. The above directions

are issued. The learned Judge shall be at liberty to pass interim

directions for maintenance, if he finds the need for such

directions and direct further that the amount of Rs.15,000/- be

adjusted towards the same.

Hand over copy of this order to the learned counsel for the

respondent.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.462/07 3

Crl.M.C.No.462/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007