Stomils vs Jincy
2021 Latest Caselaw 16712 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
       THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                     OP (FC) NO. 408 OF 2021
   AGAINST THE CMP(EXE)1457/2020 IN MC 385/2016 OF FAMILY
                         COURT,THRISSUR,


PETITIONER:

          STOMILS
          AGED 48 YEARS
          S/O.KUZHUPPIL HOUSE, PATTIKAD P.O., CHANOTH DESOM,
          PANANCHERY, THRISSUR.

          BY ADVS.C.A.ANOOP
          R.KRISHNA



RESPONDENT:

          JINCY, AGED 48 YEARS
          D/O.SUNNY, KOCHAM VEETTIL, MULAYAM P.O.,
          ACHANKUNJU DESOM, MULAYAM, THRISSUR, PIN - 680
          654.


     THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
11.08.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(FC).No.408/2021

                                   -:2:-




                              JUDGMENT

Dated this the 11th day of August, 2021

A.Muhamed Mustaque,J.

The petitioner herein is the respondent in MC No.385/2016 on the

files of the Family Court, Thrissur. A petition was filed for modification of

maintenance awarded. The petitioner seeks expeditious disposal of the

above petition.

2. It is for the Family Court to consider the same in accordance

with the directions issued by a Division Bench of this Court in [Shiju Joy v.

Nisha (2021 (2) KLT 607)]. The petitioner also prayed stay of execution

proceedings till the MC is disposed of. We may not be justified in staying

the execution proceedings at this stage of the case. O.P.(FC).No.408/2021

With the above observations, this original

petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

DR. KAUSER EDAPPAGATH JUDGE kp True copy

P.A. To Judge O.P.(FC).No.408/2021

APPENDIX OF OP (FC) 408/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER IN RPFC NO.410/2019 DATED 21/08/2020.

Exhibit P2 TRUE COPY OF THE MC 514/2020 FILED BY THE PETITIONER DATED 14/10/2020.

Exhibit P3 TRUE COPY OF THE CMP (EXE) 1457/2020 DATED 3/12/2020.