Mohamed Rashid M.P vs Fathima K
2021 Latest Caselaw 17292 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         TUESDAY, THE 17TH DAY OF AUGUST 2021 / 26TH SRAVANA, 1943
                           CRL.MC NO. 3655 OF 2021


PETITIONER:

              MOHAMED RASHID M.P.
              AGED 34 YEARS, S/O.MOHAMED RASHID M.P.
              MANNOOPARAMBIL HOUSE, CODACAL P.O., THIRUNAVAYA AMSOM,
              TIRUR TALUK, MALAPPURAM DISTRICT
              MALAPPURAM, PIN - 676108

              BY ADVS.
              MOHAMED RASHID M.P.(Party-In-Person)
              NOUSHAD E.



RESPONDENTS:

     1        FATHIMA K.
              AGED 29 YEARS, D/O. HAMZA HAJI,
              KAVUMPURATH HOUSE, KURUKA P.O., KALPAKANCHERY AMSOM,
              TIRUR TALUK, MALAPPURAM DISTRICT
              MALAPPURAM, PIN - 676551

     2        AISHA DIYANA M.P.
              AGED 4 YEARS, KAVUMPURATH HOUSE, KURUKA P.O.,
              KALPAKANCHERY AMSOM, TIRUR TALUK,
              MALAPPURAM DISTRICTPIN - 676551
              (MINOR, REPRESENTED BY HER MOTHER FATHIMA K., 1ST
              RESPONDENT )

     3        THE STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERANAKULAM,PIN - 682031
     THIS     CRIMINAL   MISC.   CASE   HAVING   COME   UP   FOR   ADMISSION   ON
17.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.M.C. No.3655/2021                  -2-

                                    ORDER

This Crl.M.C. has been filed seeking a direction to the Family Court, Tirur

to release the Passport of the petitioner. The petitioner is admittedly in arrears

of payment of maintenance which was directed to be paid in the manner

indicated in the judgment of this court in R.P (FC) No.120/2019. The learned

counsel for the petitioner submits that the amount of arrears is Rs.98,500/-.

This is not disputed by the learned counsel appearing for respondents 1 & 2. The

learned counsel for the petitioner submits that unless his Passport is released, he

will not be in a position to rejoin his job in the United Arab Emirates and if he

does not rejoin his employment he will not be in a position to pay any amount of

maintenance to respondents 1 & 2. The learned counsel for respondents 1 & 2

stoutly opposed the prayer of release of Passport stating that if the Passport is

given before the arrears are deposited, the petitioner will not pay any amount

towards the arrears of maintenance. The learned counsel for the petitioner

would reply that his commitment to pay all arrears of maintenance can be

ensured by making provision for providing valuable security.

2. In the overall facts and circumstances of the case I am of the opinion

that no purpose will be served by not permitting the petitioner to rejoin his

employment. However that must not result in failure to comply with the

directions issued by this court in R.P (FC) No.120/2019. Therefore this Crl. M.C.

is disposed of with the following directions:

(i) The petitioner shall deposit an amount of equivalent to 50% of the

arrears of maintenance due in terms of the judgment of this court in R.P (FC)

No.120/2019 within a period of one month from today.

(ii) The petitioner shall provide valuable security of either immovable

property or other valuable security for securing the payment of arrears of

maintenance due under the judgment of this court in R.P (FC) No.120/2019.

(iii) The petitioner shall file an affidavit undertaking to pay the balance of

the arrears of maintenance on or before 31-12-2021.

3. On the aforesaid conditions being satisfied, the Passport of the

petitioner which is now in the custody of the Family Court, Tirur shall be

released to him. It is made clear that any deposit of arrears of maintenance, shall

on proper application, be released to the 1st respondent.

The undertaking of the petitioner to continue payment of the maintenance

for the future period is recorded.

Sd/-

GOPINATH P.

JUDGE

AMG