High CourtsSingle Bench(2024) 05 KL CK 0230

Abey George vs Elizabeth

High Court Of Kerala · Decided on 31 May 2024

HON’BLE JUDGES
Bechu Kurian Thomas, J
RESULT
Dismissed
CASE NUMBER
Original Petition (Crl) No. 424 Of 2024

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Judgment

5 paragraphs · 201 words

Bechu Kurian Thomas, J

1.

Petitioner is the husband who was directed to pay an interim maintenance amount of Rs.20,000/- to the respondent. The challenge against the said order was rejected by order dated 19.12.2023 in R.P. (F.C) No.125 of 2020. In the concluding portion of the judgment, on the request of the petitioner, a breathing time was granted to him to pay the entire arrears in three instalments, the last of which fell on 19.03.2024. In the meantime, the petitioner has preferred an application for modification of the order of interim maintenance, which is pending. Petitioner seeks for a direction to dispose of the said application in a time bound manner.

2.

On a perusal of the order of this Court in R.P.(F.C) No.125 of 2020, produced as Ext.P4, it is seen that the last date of payment of the arrears ought to have been effected on 19.03.2024. Admittedly, the arrears have not been cleared completely nor has the petitioner paid any one of the instalments. In such circumstances, petitioner cannot seek any equitable remedy from this Court.

Therefore, the request for a direction to expeditiously consider his application for modification cannot be granted.

Accordingly, this original petition is dismissed.