Pradeep Kumar vs Subha V. Nair
2021 Latest Caselaw 13758 Ker

Mat.Appeal No.348/2021                          1/2

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                               &
                          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
                  FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                       I.A No.1/2021 IN MAT.APPEAL NO. 348 OF 2021
                OP NO. 619/2016 OF FAMILY COURT, MAVELIKKARA, ALAPPUZHA
  APPLICANT/APPELLANT/1ST RESPONDENT:

      1. PRADEEP KUMAR, AGED 45 YEARS ,S/O KRISHNANKUTTY NAIR,THOTTATHIL
           PUTHENVEEDU,NALKKALIKKAL MURI,ARANMULA VILLAGE,KOZHENCHERY
           TALUK,PATHANAMTHITTA DISTRICT,PIN-689533

  RESPONDENTS/RESPONDENTS/1ST PETITIONER,2ND PETITIONER & 3RD RESPONDENT:

      1. SUBHA V.NAIR ,AGED 43 YEARS,D/O VIJAYAMMA,VARAMBATHANATHU
           HOUSE,EREZHA SOUTH MURI,CHETTIKULANGARA VILLAGE,MAVELIKKARA
           TALUK,ALAPPUZHA DISTRICT,PIN-690106
      2. ARYA,AGED 17 YEARS (MINOR),D/O SUBHA V NAIR, VARAMBATHANATHU
           HOUSE,EREZHA SOUTH MURI,CHETTIKULANGARA VILLAGE,MAVELIKKARA
           TALUK,ALAPPUZHA DISTRICT,PIN-690106
      3. LEELA P NAIR,AGED 67 YEARS,W/O KRISHNANKUTTY NAIR,THOTTATHIL
           PUTHENVEEDU,NALKKALIKKAL MURI,ARANMULA VILLAGE,KOZHENCHERY
           TALUK,PATHANAMTHITTA DISTRICT,PIN-689533


    Application praying that in the circumstances staed in the affidavit
    filed therewith the High Court be pleased to stay all further
    proceedings pursuant to the judgment dated 09/07/2020 in
    O.P.No.619/2016 on the file of the Family Court,Mavelikkara,in the
    interest of justice.


    This Application coming on          for orders upon perusing the application
    and the affidavit filed in support thereof, and upon hearing the
    arguments of M/S.ARUN SAMUEL, JITHIN BABU A, RAIEEZ M ASHRAF,
    Advocates for the applicants, the court passed the following:
 Mat.Appeal No.348/2021                             2/2




                     A.MUHAMED MUSTAQUE & DR.KAUSER EDAPPAGATH, JJ.
                                  =========================
                         I.A.No.1/2021 in Mat.Appeal No.348 of 2021
                                  ~~~~~~~~~~~~~~~~~~~~~~~~~
                            Dated this the 2nd day of July, 2021


                                            O R D E R

A.Muhamed Mustaque, J.

Admit

Issue notice to the respondents.

There shall be an interim stay of all further

proceedings pursuant to the judgment impugned, on condition

that the petitioner furnishes security for the quantified

amount of past maintenance to the satisfaction of the court

below within two months and on further condition that he

will continue to pay future maintenance. If any amount is

being paid under the Domestic Violence Act, that shall be

given due credit for future maintenance as well.

Post after two months.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

DR. KAUSER EDAPPAGATH JUDGE ms

02-07-2021 /True Copy/ Assistant Registrar