Yoonus vs Ummusalma
2021 Latest Caselaw 16321 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        OP(CRL.) NO. 273 OF 2021
AGAINST THE ORDER/JUDGMENT IN MC 145/2014 OF FAMILY COURT, TIRUR,
                               MALAPPURAM
PETITIONER/RESPONDENT:

            YOONUS, AGED 39 YEARS,
            S/O ASSAINAR, RESIDING AT KUNJIMOONTEPURAKKAL HOUSE,
            CHEERAN KADAPPURAM, TANUR, TIRUR TALUK,
            MALAPPURAM DISTRICT, PIN-676302.

            BY ADVS.
            J.R.PREM NAVAZ
            SUMEEN S.



RESPONDENT/PETITIONER:

    1       UMMUSALMA, AGED 30 YEARS,
            D/O MUHAMMED ABDUL KHADER @ MUHAMMED KUTTY,
            RESIDING AT KOYTHEENEPUAKKAL HOUSE,
            CHEERAN KADAPPRAM, TANUR,
            TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676302.

    2       FATHIMA SUHARA, AGED 8 YEARS,
            D/O UMMUSALMA,
            RESIDING AT KOYTHEENEPUAKKAL HOUSE,
            CHEERAN KADAPPRAM, TANUR,
            TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676302.
            (REPRESENTED BY HER MOTHER THE HEREIN 1ST RESPONDENT).


     THIS   OP    (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 273 OF 2021              2



                                 JUDGMENT

The matter came up for admission today.

Admittedly, the order of maintenance became final and

conclusive. For enforcing the amount due, non

bailable warrant was issued. The learned counsel for

the petitioner submitted that due to the ongoing

pandemic, COVID-19, they could not collect the entire

amount due and pressed for instalment so as to pay

off the entire amount due. It is a matter to be

agitated in the trial court, if it is permissible.

Without prejudice to the said right, the present

OP(Crl) is hereby dismissed.

Sd/-

P.SOMARAJAN JUDGE msp

APPENDIX OF OP(CRL.) 273/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE COMMON ORDER DATED 25.07.2019 IN MC NO.145 OF 2019 & O.P.NO.657 OF 2014 PASSED BY THE FAMILY COURT TIRUR, MALAPPURAM DISTRICT.

Exhibit P2 THE TRUE COPY OF THE C.M.P. (EX) NO.30 OF 2020 FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT TIRUR, MALAPPURAM DISTRICT.

Exhibit P3 THE TRUE COPY OF THE DIARY EXTRACT IN C.M.P (Ex)NO. 30 OF 2020 ON THE FILES OF THE FAMILY COURT TIRUR, MALAPPURAM DISTRICT.