Muhammed Ashraf vs Naseema M.V
2022 Latest Caselaw 93 Ker

RPFC No.272/2021                             1/1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                    THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
              Monday, the 3rd day of January 2022 / 13th Pousha, 1943
                   CRL.M.APPL.NO.1/2021 IN RPFC NO. 272 OF 2021
                        MC 31/2017 OF FAMILY COURT, KANNUR
   PETITIONER/REVISION PETITIONER:

          MUHAMMED ASHRAF, AGED 59 YEARS, S/O. ERIMBAN MOOSA, ALIA HOUSE,
          PALAYAM COLONY, PAZHAYANGADI, KANNUR DISTRICT ,PIN-670 303,
          (PRESENTLY RESIDING AT KUPPURAYIL HOUSE , PUTHIYANGADI, MADAYI
          (P.O), KANNUR) REPRESENTED BY POWER OF ATTORNEY HOLDER, KHADEEJA
          KUPPURAYIL, AGED 64, D/O. LATE IBRAHIM, KUPPURAYIL HOUSE, MADAYI
          VILLAGE, PALAYAM COLONY, PAZHAYANGADI, KANNUR DISTRICT, PIN-670 303

   RESPONDENTS/RESPONDENTS:

      1. NASEEMA M.V., AGED 50 YEARS, W/O. MARIYUMMA ASHRAF, MARIYUMMA
         MANZIL, PUTHIYANGADI BEACH ROAD, NEAR RIFAYI MASJID, MEDAYI P.O.,
         KANNUR DISTRICT,PIN-670 304
      2. FATHIMA .M.V., AGED 19 YEARS, D/O. MUHAMMED ASHRAF, C/O. NASEEMA
         M.V., MARIYUMMA MANZIL, PUTHIYANGADI BEACH ROAD, NEAR RIFAYI MASJID,
         MEDAYI P.O., KANNUR DISTRICT,PIN-670 304

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of the judgment dated 18.08.2021 in M.C. No.31/2017 on the file of Family
   Court, Kannur, pending final disposal of the revision petition, in the
   interest of justice.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of K.M.VARGHESE, SHAHUL HAMEED MOOPPAN, Advocates for the petitioner, the
   court passed the following:
                                      ORDER

Execution of the order shall stand stayed on the following conditions:-

(i)The revision petitioner shall deposit a sum of Rs.2,00,000/- towards the maintenance arrears of the 1st respondent and another Rs.2,00,000/- towards the maintenance arrears of the 2nd respondent at the court below within a period of one month from today and on such deposit, the respondents are entitled to withdraw the amount.

(ii)The revision petitioner shall pay monthly maintenance at the rate of Rs.8,000/- to the 1st respondent hereafter without failure.

Sd/- DR. KAUSER EDAPPAGATH JUDGE

03-01-2022 /True Copy/ Assistant Registrar