Kerala High Court
Suresh S vs Agasthya S on 27 June, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
OP(CRL.) NO. 481 OF 2024
AGAINST THE ORDER DATED 10.08.2024 IN MC NO.21 OF 2023 OF FAMILY
COURT, THIRUVALLA
PETITIONER/ RESPONDENT :
SURESH S.
AGED 52 YEARS, S/O SURENDRAN NAIR,
ARACKAL KALAYIL HOUSE, PUTHUSERIMALA P.O.,
RANNY VILLAGE, RANNY TALUK,
PATHANAMTHITTA DISTRICT,
PIN - 689672
BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)
RESPONDENT/ PETITIONER :
AGASTHYA S.
AGED 12 YEARS, S/O PONNAMBILI P.,
KOLOMACJ MEPURATHU HOUSE, PADIMON P.O.,
MALLAPPALLY VILLAGE, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT REPRESENTED BY HIS
MOTHER NEXT FRIEND AND GUARDIAN,
PONNAMBILI P, AGED 38 YEARS,
D/O SOMASEKHARAN PILLAI, KOLOMACJ MEPURATHU HOUSE,
PADIMON P.O., MALLAPPALLY VILLAGE,
MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689 587
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 481 OF 2024
2
BECHU KURIAN THOMAS, J.
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O.P.(Crl.) No.481 of 2024
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Dated this the 27th day of June, 2024
JUDGMENT
Petitioner was the respondent in M.C.No.21 of 2023 before the Family Court, Thiruvalla. By an order dated 10.08.2023, petitioner was set ex-parte and an order was issued directing the petitioner to pay Rs.25,000/- per month as monthly maintenance to the respondent till he attains majority. On 05.09.2023, petitioner filed an application for setting aside the ex-parte decree. According to the petitioner, till date, the said petition has not been disposed of. It is also submitted that even though petitioner expressed his willingness to settle the matter through mediation, the court has not considered the said request as well.
2. Considering the nature of order that I propose to issue, notice to the respondent is dispensed with.
3. Since the application for setting aside the ex-parte order is pending consideration from September 2023 onwards, it is essential that the said application be disposed of in a time bound manner.
4. Accordingly, there will be a direction to the Family Court, OP(CRL.) NO. 481 OF 2024 3 Thiruvalla to consider and pass appropriate orders on Crl.M.P.No.333 of 2023 in M.C.No.21 of 2023 on the files of the Family Court, Thiruvalla, as expeditiously as possible, in a time bound manner, within an outer time limit of three months from the date of receipt of a copy of this judgment.
Needless to mention, the Family Court will bear in mind the expression of interest made by the petitioner to settle the matter, bearing in mind the decisions in Vishal G.Nair and Others v. Sreedevi P S. [2019 (5) KHC 323] and Abraham Thomas Puthooran v. Manju Abraham and Another [2022 (1) KHC 360].
The original petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM OP(CRL.) NO. 481 OF 2024 4 APPENDIX OF OP(CRL.) 481/2024 PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF PETITION IN MC NO. .
21/2023 OF FAMILY COURT, THIRUVALLA DATED 27.03.2023 Exhibit P2 THE COPY OF ORDER IN MC NO. 21/2023 OF THE FAMILY COURT, TIRUVALLA DATED 10.08.2023 Exhibit P3 THE COPY OF CRL RP NO. 333/2023 IN MC 21/2023 DATED 05.09.2023 OF FAMILY COURT, THIRUVALLA Exhibit P4 THE TRUE COPY OF DECREE ALONG WITH COMPROMISE PETITION IN OP NO. 51/2018 OF FAMILY COURT, THIRUVALLA DATED 27.07.2019 Exhibit P5 THE COPY OF CR MP NO. 23/2024 IN MC NO.
21/2023 DATED 16.01.2024