IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
OP(CRL.) NO. 433 OF 2021
AGAINST THE ORDER/JUDGMENT IN MC 165/2019 OF FAMILY COURT,
KOTTAYAM
PETITIONER/PETITIONER :-
NIMMY GEORGE,
AGED 30 YEARS
D/O. GEORGE KUTTY, MANKILOTT VEEDU,
ATHIRAMPUZHA P.O. ATHIRAMPUZHA VILLAGE,
KOTTAYAM TALUK, KOTTAYAM DISTRICT 686 562.
BY ADVS.
R.PARTHASARATHY
SEEMA
RESPONDENT/RESPONDENT :-
ANOOP GEORGE,
AGED 34 YEARS
S/O. GEORGE,
KOLLELIL VEEDU, KUMARANELLOOR P.O.,
PERUMBAIKKADU VILLAGE, KOTTAYAM DISTRICT 686 106.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 433 OF 2021
2
JUDGMENT
Dated this the 29th day of June, 2022 This petition is filed under Article 227 of the Constitution of India seeking for a direction to the Family Court, Ettumanoor (for short 'the court below') to dispose of Crl.M.P.No.484/2019 in M.C.No.165/2019, copy of which is produced alongwith the petition on hand as Exhibit P2.
2. According to the petitioner, she has filed an application seeking for interim maintenance allowance in the year 2022 and an order has not been passed in it till date. This Court has already called for a report from the court below and it is reported by the officer concerned on 19.11.2021 that the M.C was posted alongwith connected original petitions filed by the respective parties. In the lock down period, the matter has been adjourned several times by notifications. It is further reported that the respondent had filed an application seeking permission to interact with the 2nd petitioner and the case stands posted for consideration alongwith other original petitions.
3. It is noticed that respondent has appeared in the M.C.No.165/2019. In that event, Exhibit P2 application seeking for OP(CRL.) NO. 433 OF 2021 3 interim maintenance allowance shall be considered by the court below within a period of two weeks from this day and pass appropriate orders therein. Compliance shall also be reported.
In the result, O.P.(Crl.) stands allowed.
Sd/-
MARY JOSEPH JUDGE SMA OP(CRL.) NO. 433 OF 2021 4 APPENDIX OF OP(CRL.) 433/2021 PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF M.C 165/2019 FILED BEFORE FAMILY COURT, ETTUMANOOR ON 5.10.2019. Exhibit P2 TRUE COPY OF THE APPLICATION FILED FOR INTERIM MAINTENANCE AS M.P. NO.
484/2019 DATED 27.11.2019.
Exhibit P3 TRUE COPY OF THE APPLICA5ION FILED BY THE PETITIONER AS MP NO. 165/2021 DATED 9.9.2021.