Muhammed Navas vs Razia
2021 Latest Caselaw 22890 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                    THE HONOURABLE MRS. JUSTICE M.R.ANITHA

         TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943

                           OP(CRL.) NO. 397 OF 2019

  AGAINST THE ORDER/JUDGMENT IN MC 18/2013 OF JUDICIAL MAGISTRATE OF FIRST

                             CLASS -I, ALAPPUZHA

  CRL.M.P.NO.3397/2018 IN CRA 232/2016 OF ADDITIONAL SESSIONS COURT - III,

                                  ALAPPUZHA

PETITIONER/1ST COUNTER PETITIONER/APPELLANT NO.1:

             MUHAMMED NAVAS
             AGED 47 YEARS
             S/O. HAMEED, SOUDA MANZIL, CIVIL STATION WARD, ALAPPUZHA.
             BY ADVS.
             S.SHANAVAS KHAN
             SMT.S.INDU


RESPONDENTS/PETITIONERS/RESPONDENTS:

     1       RAZIA
             AGED 45 YEARS
             W/O. MUHAMMED NAVAS, PALLIVEEDU HOUSE, SOUTH ARYAD, AVALOOKUNNU
             P.O, ALAPPUZHA 688 001
     2       FAIROOZA,
             AGED 10 YEARS
             D/O. RAZIA, PALLIVEEDU HOUSE, SOUTH ARYAD, AVALOOKUNNU P.O,
             ALAPPUZHA.688 001 (MINOR REP. BY HER MOTHER RAZIA - 1ST
             RESPONDENT]
             BY ADVS.
             SRI.E.RAFEEK
             SRI.GOKUL DAS V.V.H.



      THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(CRL.)No.397 OF 2019            2



                              JUDGMENT

This original petition has been filed seeking to set aside the

order dated 18.02.2019 in Crl.M.P.No.3397/2018 in

Crl.A.No.232/2016 of the learned Additional Sessions Judge-III,

Alappuzha.

2. When the matter came up for hearing, the learned

counsel for the petitioner represented that he is only pursuing

for an early disposal of the appeal. In view of the submission so

made, a report was called for from the Additional District &

Sessions Judge-III, Alappuzha.

3. The learned counsel for the respondent vehemently

contended that an amount of Rs.9,50,000/- is due towards

maintenance alone.

4. However, in view of the limited prayer now sought for

by the learned counsel for the petitioner, there will be a

direction to dispose of Crl.A.No.232/2016 within a period of

three months from the date of receipt of a copy of this judgment.

Original Petition is disposed of accordingly.

Sd/-

M.R.ANITHA

JUDGE

shg/

APPENDIX OF OP(CRL.) 397/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 6/10/2016 IN M.C NO.

18/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, ALAPPUZHA EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 26/02/2019 ISSUED BY SEVEN STAR INFORMATION TECHNOLOGY PRIVATE LIMITED EXHIBIT P3 TRUE COPY OF O.P NO. 269/2019 ON THE FILE OF HON'BLE FAMILY COURT, ALAPPUZHA EXHIBIT P4 TRUE COPY OF MEMORANDUM OF CRIMINAL APPEAL FILED BY PETITIONER BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE-III, ALAPPUZHA EXHIBIT P5 UE COPY OF THE CRL.M.P NO. 3397/2018 IN CRL.APPEAL NO. 232/2016 FILED BY THE RESPONDENTS BEFORE THE COURT OF ADDITIONAL SESSIONS JUDGE-III, ALAPPUZHA EXHIBIT P6 CERTIFIED COPY OF THE ORDER DATED 18/02/2019 IN CRL.

M.P NO. 3397/2018 IN CRL. APPEAL NO. 232/2016 OF THE COURT OF ADDITIONAL SESSIONS JUDGE-III, ALAPPUZHA