Kerala High Court
A.Sali vs Shibina on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Friday, the 19th day of November 2021 / 28th Karthika, 1943
CRL.REV.PET NO. 230 OF 2021
CRA 130/2020 OF SESSIONS COURT, ALAPPUZHA
MC 64/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA
REVISION PETITIONERS/APPELLANTS/RESPONDENTS:
1. A.SALI AGED 34 YEARS S/O. ABDUL AZEES, CHEMMARAPPALLY, MULLATHU
WARD, THIRUVAMADY P.O. ALAPPUZHA 688 002.
2. RAHILA, AGED 56 YEARS W/O. SAJEEVAN, CHEMMARAPPALLY, MULLATHU WARD,
THIRUVAMADY P.O. ALAPPUZHA 688 002.
3. KANSA, AGED 34 YEARS W/O. SAJEEVAN, CHEMMARAPPALLY, MULLATHU WARD,
THIRUVAMADY P.O. ALAPPUZHA 688 002.
RESPONDENTS/RESPONDENTS/PETITIONERS & STATE:
1. SHIBINA D/O. IQBAL, ROSE HOUSE, VATTAYAL WARD, ALAPPUZHA, NOW
RESIDING AT ALISSERY WARD, ALAPPUZHA 688 002.
2. SHIHAL, S/O. SALI (MINOR), ROSE HOUSE, VATTAYAL WARD, ALAPPUZHA, NOW
RESIDING AT ALISSERY WARD, ALAPPUZHA 688 002. (REPRESENTATION BY HIS
MOTHER SHIBINA 1ST RESPONDENT).
3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM 682 031.
This Criminal revision petition coming on for orders upon hearing
the arguments of Sri. ANIL. S Advocate for the petitioners and Adv.
SHANAVAS KHAN for respondents 1 & 2 and PUBLIC PROSECUTOR for the third
respondent, the court passed the following:
M.R.ANITHA, J.
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Crl.R.P. No.230 of 2021
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Dated this the 19th day of November, 2021
ORDER
When the case taken up for hearing today, there was no
representation for the revision petitioners. The learned counsel
for the respondents contended that there is an interim order at
the time of admission of the case by this Court to deposit a
sum of Rs.75,000/- before the court below on or before
05.4.2021 and balance amount by way of installments to be
fixed by this Court on the next posting date. But no amount
has been deposited thereafter and the respondents are finding
it difficult to pull on. Hence, the learned counsel seeks for a
direction to the 1st petitioner to deposit the maintainance
arrears.
2. As per the judgment in Crl.Appeal No.130/2020, (the
impugned judgment) the learned Sessions Judge, set aside the
order impugned in appeal, permitting the revision petitioners
herein to contest the matter on merits by filing objection and
adducing evidence, with specific condition that the first
Crl.R.P. No.230 of 2021
revision petitioner herein to pay an amount of Rs.8,000/- per
month (Rs.4,000/- each) from the date of petition till
27.2.2021 before the court below. Against which the revision
petitioners approached this Court and obtained an interim
stay.
In the said circumstances, I find it just and proper to
direct the first revision petitioner to deposit the balance
amount at the rate of Rs.8,000/- (4,000/-each) per month to
the respondents in four consecutive monthly installments from
19.11.2021.
Post after a month.
Sd/-
M.R.ANITHA
JUDGE
SMF
19-11-2021 /True Copy/ Assistant Registrar
