Sunil Dath vs Kumari Mini
2021 Latest Caselaw 14106 Ker

OP(CRL.) NO. 219 OF 2021               1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                        OP(CRL.) NO. 219 OF 2021
   AGAINST THE ORDER/JUDGMENT IN CRA 60/2021 OF DISTRICT & SESSIONS
                             COURT, KOLLAM,
PETITIONERS:

     1       SUNIL DATH, AGED 54 YEARS,
             S/O. KUTTAN PILLAI, MELEPULAYIRAZHIKATH VEEDU (SAYIKRIPA),
             ASHTAMUDI P.O., THRIKKARUVA PANCHAYATH, THRIKKARUVA
             VILLAGE, KOLLAM

     2       KUTTAN PILLAI
             MELEPULAYIRAZHIKATH VEEDU (SAYIKRIPA), ASHTAMUDI P.O.,
             THRIKKARUVA PANCHAYATH, THRIKKARUVA VILLAGE, KOLLAM

     3       GAURIKUTTIYAMMA
             W/O. KUTTANPILLAI, MELEPULAYIRAZHIKATH VEEDU , ASHTAMUDI
             P.O., THRIKKARUVA PANCHAYATH, THRIKKARUVA VILLAGE, KOLLAM

             BY ADVS.
             C.RAJENDRAN
             B.K.GOPALAKRISHNAN



RESPONDENTS:

     1       KUMARI MINI
             AGED 47 YEARS
             W/O. SUNIL DATH, VIJAYA BHAVANAM, KAMBALADI MURI, PORUVAZHY
             VILLAGE, KUNNATHUR, KOLLAM-690 520

     2       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
             ERNAKULAM-682 031

             P.P.SRI.RAMESH CHAND




     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 219 OF 2021        2

                           JUDGMENT

When the matter came up for hearing the learned

counsel for the petitioners fairly submitted that he

is prepared to pay the maintenance to the wife at the

rate ordered by the family court, ie. at the rate of

Rs.5000/-. Regarding the residence order, he is

prepared to make alternative arrangement, for which

he is preferred an application before the District

Court, wherein an appeal is pending. Hence, there

will be a direction to expedite the disposal of the

application as well as the appeal untrammelled by any

of the observation made in this order.

OP(Crl.) will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE

msp

APPENDIX OF OP(CRL.) 219/2021

PETITIONER ANNEXURE

Exhibit P1 A TRUE COPY OF THE OBJECTION IN MC 40/2020 OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS (TEMPORARY) SASTHAMCOTTAH

Exhibit P2 A TRUE COPY OF THE ORDER IN 2859/2020 IN MC 40/2020 OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS (TEMPORARY) SASTHAMCOTTAH DATED 21.04.2021

Exhibit P3 A TRUE PHOTOCOPY OF THE APPEAL MEMORANDUM BEFORE THE HON'BLE DISTRICT AND SESSIONS COURT KOLLAM IN CRL.APPEAL 60/2021 DATED 21.04.2021

Exhibit P4 A TRUE PHOTOCOPY OF THE PETITION IN CRIMINAL MP 560/2021 IN CRL.APPEAL 60/2021 OF THE DISTRICT AND SESSIONS COURT, KOLLAM DATED 21.04.2021