Moosa P. M vs Khadeeja B.A
2022 Latest Caselaw 1927 Ker

OP(CRL.) NO. 66 OF 2022            1




               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
                          OP(CRL.) NO. 66 OF 2022
       IN MC 61/2018 OF CHIEF JUDICIAL MAGISTRATE ,KASARAGOD
PETITIONER:

             MOOSA P. M., AGED 39 YEARS
             SON OF MOIDEENKUTTY P.M,
             RESIDING AT RAHMATH MANZIL, PERIYADKA,
             SHIRIBAGILU P.O, KASARAGOD DISTRICT, PIN - 671124

             BY ADV SERGI JOSEPH THOMAS


RESPONDENTS:

      1      KHADEEJA B.A, AGED 36 YEARS
             DAUGHTER OF ANDAYICHA, ALAMPADY P.O, VIDYANAGAR,
             KASARAGOD, PIN - 671123
      2      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031

             R2 BY SRI.M.P.PRASANTH - PP


      THIS    OP    (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
18.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 66 OF 2022          2




                             JUDGMENT

The petitioner was the husband of the 1 st respondent. The 1st

respondent filed a petition under Section 3(1) of the Muslim Women

(Protection of Right on Divorce) Act, 1986 as M.C.No.61/2018 before

the Chief Judicial Magistrate Court, Kasaragod. The said M.C was

allowed and the following interim order was passed.

"i) Respondent is directed to give the petitioner either one sovereigns of gold ornaments or its market value Rs.23,000/- as mahar of the petitioner.

ii) Respondent is directed to pay the petitioner either 25 sovereigns of gold ornaments or its present market value of Rs.23,000/- per sovereigns (Rs.23,000/- x 25 =5,75,000).

iii) Respondent is directed to pay the petitioner Rs.8,00,000/- as present and future maintenance from the date of divorce.

iv) Respondent is also directed to pay Rs.15,000/- as maintenance during the period of iddath.

v) Respondent is also directed to return Rs.3,00,000/- given to him at the time of marriage by the parents of the petitioner."

2. Ext.P1 is the said order. Ext.P1 order was challenged by

the petitioner herein by filing Ext.P2 Crl.Revision Petition before the

Sessions Court, Kasaragod. Along with the said petition, the

petitioner filed Ext.P3 stay petition to stay the execution of the

order passed in Ext.P1. The revision stands posted to 16.3.2022 for

return of notice. In the meanwhile, the 1st respondent filed Ext.P4

execution petition before the learned Magistrate. The counsel

submitted that the said application stands posted today. The limited

prayer of the petitioner is to keep in abeyance Ext.P4 till Ext.P3

stay petition is considered by the Sessions Court, Kararagod.

3. I have heard Sri.Sergi Joseph Thomas, the learned

counsel for the petitioner and Sri.M.P.Prasanth, the learned Public

Prosecutor. Considering the nature of the matter, I am of the view

that no notice need to be issued to the 1st respondent.

4. Considering the facts and circumstances of the case, I

am of the view that the prayer of the petitioner can be allowed on

condition that the petitioner deposits a sum of Rs.2,00,000/- before

the learned Magistrate within a period of one week from today.

Hence, this Original Petition (Crl.) is disposed of with a

direction to the learned Magistrate to keep in abeyance Ext.P4

(C.M.P No.1615/2021 on the file of the Chief Judicial Magistrate

Court, Kasaragod) on condition that the petitioner deposits a sum of

Rs.2,00,000/- before the learned Magistrate within a period of one

week from today. The Sessions Court, Kasaragod is directed to

dispose of Ext.P3 (Crl.R.P.No.1/2022) after hearing both sides within

a period of one month.

It is made clear that, if the petitioner fails to make the deposit

as stated above, the learned Magistrate is free to proceed with

Ext.P4.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE ab

APPENDIX OF OP(CRL.) 66/2022

PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE ORDER DATED 08/12/2021 IN M.C. NO.61/2018 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD.

Exhibit2 TRUE COPY OF THE MEMORANDUM OF CRIMINAL REVISION PETITION NO.01/2022 FILED BY THE PETITIONER BEFORE THE DISTRICT AND SESSIONS COURT, KASARAGOD Exhibit3 TRUE COPY OF CRL.M.P.NO.111/2022 FILED BY THE PETITIONER IN CRIMINAL REVISION PETITION NO.1/2022.

Exhibit4 TRUE COPY OF THE CRIMINAL MISCELLANEOUS PETITION NO.1615/2021 IN M.C. NO. 61/2018 FILED BY THE FIRST RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD.

RESPONDENTS ANNEXURES: NIL