Kerala High Court
Gopalakrishnan vs Vasanthi on 7 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
OP(CRL.) NO. 328 OF 2023
AGAINST THE NON-CONSIDERATION OF CRL.M.P.NO.528/2022 IN M.C.
NO.88/2017 DATED 22.08.2022 OF FAMILY COURT, CHAVARA
PETITIONER/RESPONDENT:
GOPALAKRISHNAN
AGED 72 YEARS, S/O. LATE MADHAVAN,
RESIDING AT MADHAVAPURATH HOUSE, MUTHUKULAMN SOUTH,
MUTHUKULAM P.O., ALAPPUZHA DISTRICT, PIN - 690506
BY ADVS.
M.B.SHYNI
RAMEES P.K.
RAJESH KUMAR R.
V.R.ANILKUMAR
ERFANA PARAMBADAN
SARAFUDHEEN T.
RESPONDENT/PETITIONER:
VASANTHI
AGED 70 YEARS, W/O. GOPALAKRISHNAN,
PADICKALTHEKKATHIL, CLAPPANA SOUTH MURI, CLAPPANA P.O.,
CLAPPANAN VILLAGE,KARTHIKAPPALLY TALUK,
KOLLAM DISTRICT, PIN - 690546
BY ADV ADARSH S
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl)No. 328 of 2023
2
JUDGMENT
Dated this the 7th day of August, 2023
This original petition (criminal) has been filed
under Article 227 of the Constitution of India with the
following prayers:
"I) Issue an order or direction to the court below
to take a decision on Ext.P9 Crl.M.P. 528/2022 in MC
No. 88/2017 within a time frame fixed by this
Hon'ble Court.
II) Petitioner also prays that this Hon'ble Court
may be pleased to dispense with the translation of
the documents produced in the Vernacular
Language."
2. Heard the learned counsel for the petitioner.
Though notice issued to the respondent, she did not
appear.
3. The learned counsel for the petitioner submitted
that, the petitioner is aged 72 years and he is an ex-
serviceman depending upon his pension for his livelihood
as well as treatment since he was advised to have surgery
as per Ext.P3 medical certificate. It is also submitted that
O.P.(Crl)No. 328 of 2023
as directed by this Court as per the interim order dated
11.04.2023, Rs.50,000/- has been deposited. Now,
Ext.P9 petition to set aside the ex-parte order has been
pending before the Family Court, Chavara vide Crl.M.P.
No.528/2022 in M.C. No.88/2017. Therefore, after
directing the Family Court to take a decision in Crl.M.P.
No.528/2022 as prayed for as relief No.I, there shall be
direction to issue certified copy, if applied properly in
terms of rules, within a period of 10 days.
4. On perusal of Ext.P2 ex-parte order itself the
age of the petitioner is shown as 63 years and as of now
he is aged 69 years. Since the prayer herein is to direct
the Family Court to consider Ext.P9 Crl.M.P. No.528/2022
the same stands allowed and the Family Court is directed
to consider and pass orders in Crl.M.P. No.528/2022 within
a period of forty five days, from the date of receipt of a
copy of this judgment, after ensuring payment of interim
maintenance ordered hereunder.
5. It is specifically ordered that in the meantime,
the revision petitioner shall pay Rs.2,500/- (Rupees Two
O.P.(Crl)No. 328 of 2023
Thousand and Five Hundred Only) per month as
maintenance to the respondent starting from the date of
MC and clear the arrears within a period of one month. If
the amount is not deposited within a period of one month
as directed, the warrant shall be executed to ensure
enforcement of the order in the MC, without fail.
6. This O.P. (Crl) stands disposed of as indicated
above.
Registry is directed to forward a copy of this
judgment to the Family Court for information and
compliance.
Sd/-
A. BADHARUDEEN
SK
JUDGE
O.P.(Crl)No. 328 of 2023
APPENDIX OF OP(CRL.) 328/2023
PETITIONER'S EXHIBITS :
EXHIBIT P1 A TRUE COPY OF THE MC NO. 88/2017 OF THE
FAMILY COURT CHAVARA
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT PASSED BY THE
FAMILY COURT, CHAVARA IN MC.NO. 88/2017
DATED 27/10/2018
EXHIBIT P3 A TRUE COY OF THE MEDICAL CERTIFICATE ISSUED
BY DR. BIJUMON L. DATED 10/08/2022
EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY
JEEVANAYURVEDHA HOSPITAL, DATED 09/08/2022
EXHIBIT P5 A TRUE COPY OF THE REPORT OF C.T. BRAIN
PLAIN ISSUED BY THE ST: THOMAS CANS, ST:
THOMAS MISSION HOSPITAL CAMPUS, PALLIKKAL
DATED 27/06/2022
EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY
R.C.P.M. HOSPITAL CHANGANKULANGARA, OCHIRA
DATED 08/02/2023
EXHIBIT P7 A TRUE COY OF THE DISCHARGE CARD ISSUED BY
ST: THOMAS MISSION HOSPITAL DATED 27/06/2022
EXHIBIT P8 RESPONDENT FILED CMP NO. 71/2022 IN MC NO.
88/2017 OF THE FAMILY COURT CHAVAR FOR
EXECUTING EXT.P2 ORDER
EXHIBIT P9 A TRUE COPY OF THE CMP NO. 528/2022 IN MC
NO. 88/2017
EXHIBIT P10 A TRUE COPY OF THE CMP NO. 71/2022 IN
M.C.NO. 88/2017, PETITION TO ADVANCE, THE
CASE FILED BEFORE THE FAMILY COURT CHAVARA
EXHIBIT P11 A TRUE COPY OF THE E-COURT ACKNOWLEDGEMENT
DOWNLOADED WITH REGARD TO CMP NO. 71/2022 IN
MC NO. 88/2017 OF FAMILY COURT CHAVARA
RESPONDENTS' EXHIBITS: NIL
