Kerala High Court
K Vikraman vs State Of Kerala on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
OP(CRL.) NO. 95 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMP NO. 46/2020 DATED
11.01.2022 AND CMP No.41/2021 DATED 13.01.2022 IN MC 60/2017
OF FAMILY COURT, KATTAPPANA
PETITIONER/RESPONDENT:
K VIKRAMAN
AGED 56 YEARS
SON OF T K KESAVAN AGED 56 YEARS
IDUKKITHARATHUNDIYIL HOUSE NEDUMKANDAM P O
ASARIKANDAM KALKOONTHAL VILLAGE IDUKKI 685 553,
PIN - 685553
BY ADVS.
THOMAS T.VARGHESE
PHILIP T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
RESPONDENTS/SATE AND PETITIONER:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031.
2 SINDHU,
DAUGHTER OF M V VARKEY, AGED 47 YEARS, MANALEL
HOUSE, NEDUMKANDAM P O, PARATHODU VILLAGE
UDUMBANCHOLA TALUK IDUKKI 685 553.
BY PUBLIC PROSECUTOR, SMT. SEENA M.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
09.03.2022, THE COURT ON 24.03.2022, DELIVERED THE
FOLLOWING:
O.P.(Crl.) No. 95 of 2022
-:2:-
MARY JOSEPH, J.
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O.P.(Crl.) No. 95 of 2022
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Dated this the 24th day of March, 2022
JUDGMENT
This petition is filed under Article 227 of the Constitution of
India seeking to recall the distress warrant issued against the
petitioner pursuant to Exts.P11 and P12 orders. Exts.P11 and
P12 orders are passed by Family Court, Kattappana in
applications filed by the respondent under Section 128 of the
Code of Criminal Procedure, 1973 (for short 'Cr.P.C').
2. It is revealed from the order passed in CMP No.41/2021
that the petitions stand posted for payment of arrears of
maintenance on 15.02.2022. From the order passed in CMP
No.46/2020 it is revealed that warrant was issued and the
respondent was directed to take steps on 22.01.2022.
3. Pursuant to the passing of the order in M.C. No.60/2017
monthly maintenance allowance was not paid by the petitioner. It
O.P.(Crl.) No. 95 of 2022
is found from the order that the petition was posted for payment
of the same on 15.02.2022. But since the he has not made any
payment towards arrears of monthly maintenance allowance that
the court was constrained to issue warrant. The petitioner seeks
to quash the above orders.
4. It is found from the averment in the application that M.C.
No.60/17 was referred for mediation and following the settlement
arrived at by the parties in mediation, a mediation agreement
was entered into. As per terms of settlement therein that the
petitioner has to pay a sum of Rs.4,00,000/- to the 2 nd
respondent towards her share and maintenance on or before
28.02.2020 and in case he is unable to pay the said amount, he
shall transfer property comprised of 4.05 Ares in Survey
No.150/4 of Parathode Village obtained by him by way of sale
deed No.1646/2011 in SRO, Udumbanchola to the 2 nd
respondent. Till the amount of Rs.4,00,000/- is given, the
petitioner has to pay a sum of Rs.4,000/- to the 2 nd respondent
from 01.09.2019 and the 2nd respondent shall realise the amount
by filing petition before the Family Court, Kattappana. It was
O.P.(Crl.) No. 95 of 2022
further agreed that the petitioner and the 2 nd respondent would
then file a joint petition for divorce. M.C. No.60/17 was allowed
on terms of the compromise referred to above by an order
passed on 03.10.2019. It is the amount agreed to be paid that
was sought to be realised by filing Ext.P11 application. Time was
also granted for payment of the amount. On failure of the
petitioner to pay the amount that warrant was issued. It is also
found that no amount was paid by the petitioner as per the terms
of the settlement agreement. In the above circumstances, this
Court is declined to grant the relief sought in the Original
Petition.
O.P.(Crl.) fails and is dismissed.
Sd/-
MARY JOSEPH,
JUDGE.
ttb
O.P.(Crl.) No. 95 of 2022
APPENDIX OF OP(CRL.) 95/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE PETITION FILED BY THE
2ND RESPONDENT DATED 29.05.2017
Exhibit2 TRUE COPY OF THE OBJECTION IN M C NO
60/2017 FILED BY THE PETITIONER DATED
30.03.2019
Exhibit P3 TRUE COPY OF O.P (R/M) 133/ 2018 FILED
BY THE 2ND RESPONDENT DATED 12.03.2018
Exhibit P4 TRUE COPY OF OBJECTION IN O.P (R/M) 133/
2018 FILED BY THE PETITIONER DATED
03.06.2019.
Exhibit P5 TRUE COPY OF MEDIATION AGREEMENT IN
M.C.NO.60/2017 FILED BY THE PETITIONER
DATED 01.10.2019.
Exhibit P6 TRUE COPY OF MEDIATION AGREEMENT IN
O.P.NO.133/2018 FILED BY THE PETITIONER
DATED 01.10.2019.
Exhibit P7 TRUE COPY OF CMP NO. 93/ 2019 IN M.C.
NO. 60/ 2017 BEFORE THE FAMILY COURT,
KATTAPANA DATED NIL.
Exhibit P8 TRUE COPY OF MEMO IN CMP NO. 93/ 2019 IN
M.C. NO. 60/ 2017 BEFORE THE FAMILY
COURT, KATTAPANA DATED 07.01.2020.
Exhibit P9 TRUE COPY OF CMP NO. 46/ 2020 IN M.C.
NO. 60/ 2017 DATED 03.08.2020 BEFORE THE
FAMILY COURT, KATTAPANA
Exhibit P10 TRUE COPY OF CMP NO. 41/ 2021 IN M.C.
NO. 60/ 2017 DATED 24.11.2021 BEFORE THE
FAMILY COURT, KATTAPANA
EXHIBIT P11 TRUE COPY OF ORDER IN CMP No.46/2019 IN
M.C. No.60/2017 BEFORE THE FAMILY COURT,
KATTAPANA DATED 11.01.2022.
EXHIBIT P12 TRUE COPY OF ORDER IN CMP No.41/2021 IN
MC No.60/2017 BEFORE THE FAMILY COURT,
KATTAPANA DATED 13.01.2022.
//TRUE COPY//
Sd/- P.S. TO JUDGE
