Mohanan.K.R vs Aneeshkumar
2021 Latest Caselaw 19105 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MRS. JUSTICE MARY JOSEPH
     MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                           OP(CRL.) NO. 313 OF 2021
  AGAINST THE PROCEEDINGS IN CRL.MP.NO. 29/2019 OF FAMILY COURT,
                                  ALAPPUZHA
PETITIONER:

           MOHANAN.K.R,
           AGED 63 YEARS,
           S/O RAGHAVAN, GURUBHAVANAM VEEDU,
           ANAPRAMBAL, KUTTANAD TALUK,
           EDATHUVA, ALAPPUZHA

              BY ADV SRI. ARAVIND GHOSH


RESPONDENTS:

           1. ANEESHKUMAR, AGED 37 YEARS, S/O MOHANAN.K.R,
              GURUBHAVANAM VEEDU, ANAPRAMBAL,
              KUTTANADU TALUK, EDATHUVA P.O., ALAPPUZHA
              NOW RESIDING AT-SHK KHALIFA CMLX, ABUDHABI,UAE.
              REPRESENTED BY POWER OF ATTORNEY HOLDER-
              AJITHKUMAR,
              AGED 35 YEARS, S/O MOHANAN.K.R,
              GURUBHAVANAM VEEDU, ANAPRAMBAL,
              KUTTANADU TALUK, EDATHUA P.O., ALAPPUZHA.
              NOW RESIDING AT-RADHALAYAM VEEDU,
              PALIYEKKARA P.O., THIRUVALLA, PATHANAMTHITTA-
              689101

           2. AJITHKUMAR, AGED 35 YEARS, S/O MOHANAN.K.R,
              GURUBHAVANAM VEEDU, ANAPRAMBAL, KUTTANADU TALUK,
              EDATHUVA P.O., ALAPPUZHA.
              NOW RESIDING AT-RADHALAYAM VEEDU,PALIYEKKARA P.O.,
              THIRUVALLA, PATHANAMTHITTA-689101



    THIS      OP    (CRIMINAL)   HAVING   COME   UP   FOR   ADMISSION   ON
    13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(Crl)No.313 of 2021

                                              2




                                     JUDGMENT

Dated this the 13th day of September, 2021

In view of the nature of the relief sought in the application, and

proposed to be granted, issuance of notice to the respondents is

dispensed with.

2. The prayer in the petition is for issuance of a direction to

Family Court, Alappuzha to dispose of Crl.M.P.No.206/2019 in

Crl.M.P.No.29/2019 as expeditiously as possible in the interest of

justice. The grievance of the petitioner was that though

Crl.M.P.206/2019 was filed in Crl.M.P.No.29/2019 seeking for

execution of the order passed in M.C.No.104/2017 and for attachment

of the vehicle belonging to the 2 nd respondent, the Family Court failed

to act upon those and pass appropriate orders. In that context

direction is sought.

3. Copies of the applications are also produced alongwith the

petition on hand as Ext.P2 and P3. This Court noticed from the

applications that Crl.M.P.No.29/2019 was filed as early as on O.P.(Crl)No.313 of 2021

20.03.2019 and Crl.M.P.No.206/2019 on 28.08.2019. Almost two

years have already been elapsed since the filing of the applications

and orders have not been passed by the Family Court. Therefore

direction sought is required to be issued in the interest of justice.

In the result, petition stands allowed. The Family Court,

Alappuzha shall consider Crl.M.P.No.29/2019 and Crl.M.P.No.206/2019

and pass appropriate orders therein within two weeks from this date.

The Family Court shall also bear in mind that the petitioner is a

diabetic patient aged 63 years and it is expedient for him to get

money for his maintenance.

Sd/-

MARY JOSEPH JUDGE MJL O.P.(Crl)No.313 of 2021

APPENDIX

PETITIONER'S EXHIBITS:

EXT.P1- THE TRUE COPY OF THE JUDGMENT OF THE FAMILY COURT, ALAPPUZHA IN MC NO.104/2017 DATED 19/01/2019

EXT.P2- THE TRUE COPY OF THE PETITION IN CRL.MP NO.29/2019 OF THE FAMILY COURT, ALAPPUZHA

EXT.P3- THE TRUE COPY OF THE PETITION IN CRL.MP NO.206/2019 OF THE FAMILY COURT, ALAPPUZHA

EXT.P4- THE TRUE COPY OF THE PROCEEDINGS PAPER (B DIARY) IN CRL.MP.NO.29/2019 OF THE FAMILY COURT, ALAPPUZHA

EXT.P5- THE TRUE COPY OF THE BIOCHEMISTRY LAB REPORT OF THE PETITIONER DATED 21/10/2020

RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P A TO JUDGE