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/-