1) Divya @ Pinky vs Adersh Babu
2022 Latest Caselaw 3072 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE MRS. JUSTICE MARY JOSEPH

           THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943

                             OP(CRL.) NO. 109 OF 2022

                    MC NO.375/2015 OF FAMILY COURT,ERNAKULAM

PETITIONERS/PETITIONERS IN MC:

     1       1) DIVYA @ PINKY
             AGED 39 YEARS,
             D/O. LEELADHARAN,
             RESIDING AT GEETHAM,
             KOTTARAM ROAD, POONITHURA PO.
             ERNAKULAM, KOCHI,
             PIN - 682038

     2       MEGHA,
             AGED 12 YEARS (MINOR),
             REPRESENTED BY MOTHER AND GUARDIAN, DIVYA
             RESIDING AT GEETHAM, KOTTARAM ROAD, POONITHURA P.O.
             ERNAKULAM, KOCHI,
             PIN - 682038

             BY ADVS.
             V.V.SURENDRAN
             P.A.HARISH


RESPONDENT/RESPONDENT IN M.C:

             ADERSH BABU,
             S/O K.V. BABU,
             KANOOPARAMBIL HOUSE, KALLARA ROAD,
             EROOR,
             TRIPUNITHURA PO.,
             KOCHI, PIN - 682036


      THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.03.2022, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO.109 OF 2022                        2




                                     JUDGMENT

Dated this the 17th day of March, 2022.

The only prayer in the petition being expeditious disposal of

M.C No.375/2015, pending on the files of Family Court, Ernakulam

(For short, 'court below'), notice to the respondent is dispensed

with.

2. This is a petition filed under Article 227 of the

Constitution of India seeking for expeditious disposal of M.C

No.375/2015 filed by the petitioners for getting monthly

maintenance allowance from the respondent.

3. It is submitted by the learned counsel that the trial in the

case is over on 01.10.2021 and arguments were also advanced but in

the M.C, order was not passed till date. The learned counsel for the

petitioners made this Court convinced of the above submission by

producing the copy of the proceedings of the M.C as Ext.P5. It is

found from Ext.P5 that hearing in the M.C is over and the case

stands posted on this day for orders. It is submitted by the learned

counsel that M.C is not posted today.

In the above circumstances, this Court is inclined to issue a

direction to Family Court, Ernakulam to see that M.C No.375/2015

is disposed of within a period of one week from this day and to

report compliance.

Sd/-

MARY JOSEPH

JUDGE JJ

APPENDIX OF OP(CRL.) 109/2022

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE ORDER IN R.P.(FC) 182/2016 DATED 29.09.2016 OF THIS HONOURABLE COURT Exhibit-P2 TRUE COPY OF THE ASSET AND LIABILITY STATEMENT OF PETITIONER DATED 15.03.2021 Exhibit-P3 TRUE COPY OF THE PETITION FOR STRIKING OFF DEFENSE OF THE RESPONDENT FOR NOT COMPLYING THE INTERIM ORDER DATED 22.05.2019 AS M.P. NO. 479/2019 Exhibit-P4 TRUE COPY OF THE PETITION UNDER SECTION 128 OF THE CR.P.C. CLAIMING ARREARS OF RS. 6,30,000/- DATED 19.02.2021 AS M.P. 33/2021 Exhibit-P5 TRUE COPY OF THE PRINT OUT OF THE CASE STATUS SEARCH OF THE COURT