Kerala HC Directs Family Court To Conduct Joint Trial Of Plea To Recover Past Maintenance And Miscellaneous Case Claiming Future Maintenance
The Kerala High Court has directed a Family Court to conduct joint trial of an Original Petition (OP) and Miscellaneous Case (MC) filed under Section 125 of CrPC seeking maintenance.
The petitioner/husband had approached the High Court against the dismissal of his joint trial application of an OP and MC by the Family Court.
The Division Bench comprising Justice Devan Ramachandran and Justice C Pratheep Kumar observed that join trial would save judicial time and energy.
“Therefore, with regard to the claim for maintenance made by the respondents, the evidence to be let in and witness to be examined by both sides in these cases are identical. In the above circumstances, joint trial of the above two cases will save much judicial time and energy, as contended by the learned counsel for the petitioner”, stated the Court.
The petitioner is the husband of 1st respondent and the father of 2nd and 3rd respondents. The OP was filed by respondents against the petitioner seeking the return of gold, household articles and past maintenance. They also filed an MC seeking future maintenance from the petitioner.
The Family Court dismissed his joint trial application stating that summary proceedings have to be followed in MC and therefore it has to be tried separately.
The petitioner stated that the subject matter and evidence in OP and MC are almost the same and joint trial would save judicial time and energy.
The Court noted that the parties in both the OP and MC are the same. It stated that the question of maintenance is a common issue in both the OP and the MC. It thus noted that the evidence and witnesses to be examined in both the OP and MC are also identical.
The Court further referred to the Division bench decision in Mukundan v. Dr.Kauyusha (2013) wherein it was stated that the objective behind enacting the Family Courts Act was to ensure speedy justice in family related disputes. It stated provisions of the Family Courts Act does not place any restriction on its power to order for joint trial of family disputes since it provides speedy justice and avoids multiplicity of proceedings.
The Court thus set aside the order dismissing his joint trial application and directed the Family Court to conduct joint trial of the OP and MC.
Counsel for Petitioner: Advocate Cherian Mathew Poothicote
Counsel for Respondents: Advocate Resmi A
Citation: 2024 LiveLaw (Ker) 447
Case Title: Suneeh Babu v Maneesha
Case Number: OP (FC) NO. 223 OF 2024