IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP(CRL.) NO. 145 OF 2022
AGAINST THE ORDER/JUDGMENT IN MC 27/2016 OF FAMILY COURT,
KASARAGOD
PETITIONER/RESPONDENT IN M.C.NO.27 OF 2016 :-
ABDUL KHALIK P
AGED 36 YEARS
SON OF UBAID, BRIGHT PALACE,
PERAMBA, POINACHI, THEKKIL P.O.
THEKKIL VILLAGE, KASARAGOD - 671541
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
MR. ABDUL HAMEED, AGED 63 YEARS,
S/O KUNHI MAHIN, RESIDING AT KAKKANDAM,
PERUMBALA P.O., PERUMBALA VILLAGE,
KASARAGOD, PIN - 671317
BY ADVS.
SARUN RAJAN
BIJI MATHEW
T.U.SUJITH KUMAR
C.C.ANOOP
RESPONDENTS/PETITIONERS IN M.C.NO.27 OF 2016 :-
1 HAFZATH SHAZIYA
AGED 34 YEARS
DAUGHTER OF MOHAMMED ALI C.A.,
BADAKKAMBATH HOUSE, CHEMNAD P.O.
CHEMNAD VILLAGE, KASARAGOD, PIN - 671317
2 ITLAN MUHAMMED
AGED 7 YEARS
SON OF ABDUL KHALIK P.,
REPRESENTED BY HIS MOTHER HAFZATH SHAZIYA,
BADAKKAMBATH HOUSE, CHEMNAD P.O.
CHEMNAD VILLAGE, KASARAGOD, PIN - 671317
BY ADV A.ARUNKUMAR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 145 OF 2022
2
JUDGMENT
Dated this the 14th day of June, 2022 Petitioner is the respondent in M.C.No.27 of 2016 pending on the files of Family Court, Kasargod (for short 'the court below'). M.C.No.27 of 2016 was filed by the respondents against the petitioner seeking for monthly maintenance allowance under Section 125(1) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'). Vide an order passed on 31.01.2017, M.C.No.27/2016 was disposed of. The petitioner could not contest the M.C.
2. The court below has passed an order in M.C.No.27/2016, wherein the petitioner was ex-parte. Thereupon, the petitioner has filed Crl.M.P.Nos.129/2021 and 130/2021 respectively seeking to condone the delay in filing the application and to set aside the ex-parte order. Those applications were disposed of on 15.12.2021 by a common order, copy of which is produced alongwith the petition on hand as Ext.P10.
3. The grievance of the petitioner was that after setting aside the ex-parte order, M.C was restored to the files of the court below OP(CRL.) NO. 145 OF 2022 3 and it now proceeds to take evidence without affording an opportunity to the parties to the M.C to attend a counselling.
4. After service of notice in the Original Petition, respondents entered appearance through Adv.A Arunkumar. He conceded the arguments advanced by the learned counsel for the revision petitioner. In that event, this Court is inclined to allow the application.
5. It is submitted by the learned counsel for the petitioners that, M.C being of the year 2016, further proceedings shall be directed to be expedited by the court below and disposed of within a reasonable time. According to him, the court below proceeds to hold trial in the M.C. without affording opportunity to the parties to attend counselling and therefore a direction in that regard is also necessary.
6. It is submitted by the learned counsel that in the M.C the petitioner herein was represented through a power of attorney holder and therefore he shall be permitted to attend the counselling through him. This court finds that the prayer is only to be granted.
In the result, this O.P.(Crl.) stands allowed. The court below shall grant opportunity to both the parties to attend counselling OP(CRL.) NO. 145 OF 2022 4 (respondent through his power of attorney holder) and thereafter proceed to hold the trial in M.C.No.27/2016. At any rate, the trial shall be held and M.C disposed of within a period of three months from the date on which this order is brought to the notice of the court below, in whatever manner.
Sd/-
MARY JOSEPH JUDGE SMA OP(CRL.) NO. 145 OF 2022 5 APPENDIX OF OP(CRL.) 145/2022 PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF THE M.C. NO.27/2016 ON THE FILES OF THE FAMILY COURT, KASARAGOD Exhibit P2 TRUE COPY OF THE CRL.M.P. NO.130/2021 IN M.C. NO.27/2016 ON THE FILE OF THE FAMILY COURT, KASARAGOD Exhibit P3 TRUE COPY OF THE CRL.M.P. NO.129/2021 IN M.C. NO.27/2016 ON THE FILE OF THE FAMILY COURT, KASARAGOD Exhibit P4 TRUE COPY OF THE C.M.P. NO.204/2019 IN M.C. NO.27/2016 BEFORE THE FAMILY COURT, KASARAGOD Exhibit P5 TRUE COPY OF THE NOTICE DATED 31.3.2021 IN C.M.P. NO.204/2019 IN M.C.
NO.27/2016 ISSUED BY THE FAMILY COURT, KASARAGOD Exhibit P6 TRUE COPY OF THE COUNTER IN C.M.P.
NO.204/2019 IN M.C. NO.27/2016 FILED BY THE PETITIONER Exhibit P7 TRUE COPY OF THE ORDER DATED 16.1.2020 IN M.C. NO.42/2018 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD Exhibit P8 TRUE COPY OF THE APPLICATION FOR NOMINATION FOR PANCHAYATH ELECTION OF 2020 SUBMITTED BY THE 1ST RESPONDENT AS OBTAINED UNDER THE RIGHT TO INFORMATION ACT Exhibit9 P9 TRUE COPY OF THE JUDGMENT DATED 29.11.2021 IN O.P.(FC) NO.539/2021 Exhibit P10 TRUE COPY OF THE ORDER DATED 15.12.2021 IN CRL.M.P. NO.129/2021 AND CRL.M.P. NO.130/2021 IN M.C. NO.27/2016