Nimmy George vs Anoop George
2022 Latest Caselaw 8051 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MRS. JUSTICE MARY JOSEPH
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                         OP(CRL.) NO. 433 OF 2021
    AGAINST THE ORDER/JUDGMENT IN MC 165/2019 OF FAMILY COURT,
                                 KOTTAYAM


PETITIONER/PETITIONER :-

            NIMMY GEORGE,
            AGED 30 YEARS
            D/O. GEORGE KUTTY, MANKILOTT VEEDU,
            ATHIRAMPUZHA P.O. ATHIRAMPUZHA VILLAGE,
            KOTTAYAM TALUK, KOTTAYAM DISTRICT 686 562.

            BY ADVS.
            R.PARTHASARATHY
            SEEMA


RESPONDENT/RESPONDENT :-

            ANOOP GEORGE,
            AGED 34 YEARS
            S/O. GEORGE,
            KOLLELIL VEEDU, KUMARANELLOOR P.O.,
            PERUMBAIKKADU VILLAGE, KOTTAYAM DISTRICT 686 106.



     THIS    OP     (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 433 OF 2021
                                     2




                          JUDGMENT

Dated this the 29th day of June, 2022

This petition is filed under Article 227 of the Constitution of India

seeking for a direction to the Family Court, Ettumanoor (for short 'the

court below') to dispose of Crl.M.P.No.484/2019 in M.C.No.165/2019,

copy of which is produced alongwith the petition on hand as Exhibit P2.

2. According to the petitioner, she has filed an application

seeking for interim maintenance allowance in the year 2022 and an order

has not been passed in it till date. This Court has already called for a

report from the court below and it is reported by the officer concerned on

19.11.2021 that the M.C was posted alongwith connected original

petitions filed by the respective parties. In the lock down period, the

matter has been adjourned several times by notifications. It is further

reported that the respondent had filed an application seeking permission

to interact with the 2nd petitioner and the case stands posted for

consideration alongwith other original petitions.

3. It is noticed that respondent has appeared in the

M.C.No.165/2019. In that event, Exhibit P2 application seeking for OP(CRL.) NO. 433 OF 2021

interim maintenance allowance shall be considered by the court below

within a period of two weeks from this day and pass appropriate orders

therein. Compliance shall also be reported.

In the result, O.P.(Crl.) stands allowed.

Sd/-

MARY JOSEPH JUDGE SMA OP(CRL.) NO. 433 OF 2021

APPENDIX OF OP(CRL.) 433/2021

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF M.C 165/2019 FILED BEFORE FAMILY COURT, ETTUMANOOR ON 5.10.2019.

Exhibit P2 TRUE COPY OF THE APPLICATION FILED FOR INTERIM MAINTENANCE AS M.P. NO.

484/2019 DATED 27.11.2019.

Exhibit P3 TRUE COPY OF THE APPLICA5ION FILED BY THE PETITIONER AS MP NO. 165/2021 DATED 9.9.2021.