Treasa Sariga C.X vs Bibin P. Kunjachan
2023 Latest Caselaw 5170 Ker

OP(CRL.) NO. 61 OF 2023              1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
     TUESDAY, THE 18TH DAY OF APRIL 2023 / 28TH CHAITHRA, 1945
                        OP(CRL.) NO. 61 OF 2023
   MC 38/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI
PETITIONER/S:

    1       TREASA SARIGA C.X
            AGED 31 YEARS
            D/O. C.K. XAVIER, RESIDING AT CHOOTHAMPARAMBIL,
            MUNDAMVELI, KOCHI, PIN - 682007
    2       AIBEL IYPE
            AGED 6 YEARS,( MINOR),S/O. BIBIN P KUNJACHAN, RESIDING
            AT CHOOTHAMPARAMBIL, MUNDANVELI, KOCHI REPRESENTED BY
            HIS MOTHER TREASA SARIGA 1ST PETITIONER, PIN - 682007
            BY ADV D.LEEMA ROSY


RESPONDENT/S:

    1       BIBIN P. KUNJACHAN
            AGED 41 YEARS, S/O P.V. KUNJACHAN, RESIDING AT
            PARAKKATTIL, MAY FIRST ROAD, 'THAMMANAM, KOCHI,, PIN -
            682032
    2       LILLY KUNJACHAN
            AGED 64 YEARS
            W/O. P V KUNJACHAN,, PARAKKATTIL, MAY FIRST, ROAD,
            THAMMANAM, KOCHI, PIN - 682032
    3       BIBITHA P KUNJACHAN
            AGED 39 YEARS, MUNDAVELI, KOCHI, PIN - 682006
    4       BIBINA P KUNJACHAN
            AGED 37 YEARS
            PARAKKATTIL, MAY FIRST ROAD, THAMMANAM, KOCHI, PIN -
            682032
    5       P V KUNJACHAN
            AGED 70 YEARS
            H/O. LILLY KUNJACHAN, PARAKKATTIL, MAY FIRST ROAD,
            THAMMANAM, KOCHI, PIN - 682032
     THIS   OP    (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
18.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 61 OF 2023             2



                            JUDGMENT

The impugned order is appealable. Hence, the

Original Petition (Criminal) is dismissed with liberty to the

petitioners to approach the appellate court.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE okb/18.4.23 //True copy// P.S. to Judge

APPENDIX OF OP(CRL.) 61/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PETITION FILED IN MC 38/2020 Exhibit P2 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN M.C.NO. 38/2020 Exhibit P3 THE TRUE COPY OF THE PETITION IN CMP 1098/2020 Exhibit P4 THE TRUE COPY OF THE COUNTER FILED BY THE RESPONDENTS IN CMP 1098/2020 Exhibit P5 THE TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT VIII IN CMP 1098/2020 Exhibit P6 THE TRUE COPY OF THE CMP NO. 2319/2022 IN M.C. NO. 38/2020 Exhibit P7 TRUE COPY OF OBJECTION FILED BY THE RESPONDENT IN CMP NO. 2319/2022 IN M.C. NO. 38/2020 Exhibit P8 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT 11, KOCHI IN CMP NO. 2319/2022 IN M.C. NO. 38/2020 Exhibit P9 THE TRUE COPY OF THE CMP NO.3118/2022 FILED BY THE RESPONDENT Exhibit P10 TRUE COPY OF THE CMP NO.3365/2022 FILED BY THE RESPONDENT Exhibit P11 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT -11, KOCHI IN CMP NO. 3118/2022 Exhibit P12 TRUE COPY OF THE AFFIDAVIT ON ASSETS AND LIABILITIES FILED BY THE RESPONDENT Exhibit P13 TRUE COPY OF THE FABRICATED RENTAL AGREEMENT ENTERED BY THE RESPONDENT AND HIS MOTHER AFTER THE FILING OF THE ABOVE MC Exhibit P14 THE TRUE COPY OF THE CMP NO. 4025/2022 IN M.C. 38/2020 SEEKING FOR ISSUANCE OF WARRANT FOR LEVYING THE ARREARS OF MAINTENANCE Exhibit P15 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT 11, KOCHI IN C.M.P NO. 4025/2022 IN M.C. 38/2020