IN THE FAMILY COURT, NEDUMANGAD
MC 70/2023
IA No. /2025
IN THE MATTER OF:
inor Child Thanmaya A S
M
Represented by Akhilaraj R K
Vs.
Sijith S
INTERLOCUTORY APPLICATION FILED BY THE RESPONDENT
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner has filed the presentmaintenanceapplicationunderSection
125 of the Code of Criminal Procedure, 1973, against the Respondent, who is
the father of the minor child.
2. ThatthePetitioner,whoisthemotheroftheminorchild,iscurrentlyemployedas
a Women Police Constable in Kerala Police and is earning a regular salary.
3. ThatasperthesettledlawinPadmjaSharmavs.RatanLalSharma(28March,
2000), when both parents are earning, they are bound to maintain the child
proportionately.
4. That as per the guidelines set forth in the Hon’ble Supreme Court judgment in
Rajneshvs.Neha,thePetitionerisobligatedtofileafullDisclosureofAssetand
Liability Statement, along with three years of bank account transactions.
However, the minor Petitioner’s mother has not produced these mandatory
documents before this Hon’ble Court.
5. That in the judgment of Aditi Alias Mithi vs. Jithesh Sharma, the Hon’ble
Supreme Court has strictly directed the lower courts to strictly observe the
Rajnesh vs. Neha guidelines. Therefore, it is imperative that the Petitioner
complies with these guidelines before the maintenance proceedings continue.
PRAYER:
Inlightoftheabove,theRespondentmostrespectfullypraysbeforethisHon’bleCourt
as follows:
1. That further proceedings in MC 70/2023 be stayed until the minor Petitioner’s
mother produces the required Asset and Liability Statement along with three
years of bank account transactions. Without these essential documents, the
quantum of maintenance cannot be fairly assessed, and the entire financial
burden will unjustly fall upon the Respondent.
2. Thatthedateofsubmissionofthemaintenancepetitionbeconsideredonlywhen
the above-mentioned mandatory documents are duly submitted before this
Hon’ble Court by the Petitioner.
3. That this Hon’ble Court may considerthattheRespondentissolelyresponsible
for maintaining his aged parents, who are now above 70 years old, while
deciding the quantum of maintenance.
4. Any other relief that this Hon’ble Court may deem fit and just in the
circumstances of the case may kindly be granted to the Respondent.
AND FOR THIS ACT OF KINDNESS, THE RESPONDENT AS IN DUTY BOUND
SHALL EVER PRAY.
Dated this 01 day of February, 2025.
RESPONDENT
Through Party-in-Person
Name: Sijith S
Address: Sparrow Villa, Kannankode Thadatharikath
Irinchayam P O, Anad Village
Contact No.: 9446229935
