Roy Vincy Joseph vs Misha T Babu
2023 Latest Caselaw 13250 Ker

Kerala High Court

Roy Vincy Joseph vs Misha T Babu on 15 December, 2023

Author: P. V. Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA,
                            1945
                  OP(CRL.) NO. 877 OF 2023
   AGAINST THE JUDGMENT MC 53/2023 OF FAMILY COURT, NORTH
                          PARAVUR
PETITIONER/RESPONDENT:

         ROY VINCY JOSEPH, AGED 43 YEARS
         S/O VINCY JOSEPH, PERMANENTLY RESIDING AT
         EMP,51/503, PHASE 5, EVER SHINE MILLENNIUM
         PARADISE, THAKUR VILLAGE, KANDIVALI EAST, MUMBAI -
         MAHARASHTRA, PIN - 400101
         BY ADVS.
         GEORGIE SIMON
         AISWARYA T.S.(K/000825/2022)
         TREESA PAUL N.(K/167/2019)
         BASIL CHANDY VAVACHAN(K/000205/2017)
         MUHASIN K.M.(K/1278/2020)
RESPONDENT/PETITIONER:

    1    MISHA T BABU, AGED 28 YEARS, W/O ROY VINCY JOSEPH,
         RESIDING AT THACHERY HOUSE, GOTHURUTH P.O, NORTH
         PARAVUR, ERNAKULAM, PIN - 683516
    2    MIYA ROY, AGED 1 YEARS 2MONTHS, D/O ROY VINCY
         JOSEPH, RESIDING AT THACHERY HOUSE, GOTHURUTH P.O,
         NORTH PARAVUR, ERNAKULAM (MINOR REPRESENTED BY HER
         MOTHER MISHA T BABU), PIN - 683516
         BY ADV LEELA R. r


OTHER PRESENT:

         SRI.RENJITH T R - P.P.
THIS OP (CRL) HAVING COME UP FOR ADMISSION ON 15.12.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(Crl) 877/2023
                                             2




                    P. V. KUNHIKRISHNAN, J.
                 -------------------------------------------
                      O.P(Crl). No.877 of 2023
                 -------------------------------------------
             Dated this the 15th day of December, 2023

                                     JUDGMENT

This Original Petition (Crl.) is filed with the following prayers:

i) Call for the order passed in M.P. 173/2023 & M.P. 336/2023 in M.C. 53/2023 on the file of family Court, North Paravur and quash the same.

ii) Issue an order directing the Family Court, North Paravur to set aside the order passed in M.P. 173/2023 in M.C. 53/2023 and stop the operations in the order of arrest the Petitioner.

iii) Issue an order directing the Family Court, North Paravur to cancel the order to pay Rs. 5,000/- to 1st Respondent wife passed in M.P. 173/2023 in M.C. 53/2023 and stop the operations in the order of arrest the Petitioner.

iii) Issue any other relief that this Honble court may deem fit to grant in the facts and circumstance of the case.

2. When this Original Petition came up for consideration on

14.11.2023., this Court passed the following order:

O.P(Crl) 877/2023

'Admit.

Urgent notice to the Respondents.

There will be an interim stay on condition that the petitioner shall pay the entire arrears as ordered in Ext.P7 at the rate of Rs.5000/- each to the respondents as on today within two weeks and also continue to pay interim maintenance at the rate of Rs.5000/- to the respondents.

This order will be in force for a period of two months.

Post on 15/12/2023.'

3. The learned counsel for the petitioner submitted that the

writ petitioner is complying the order and paying the amount as

directed. It is also submitted that the arrears also paid as ordered by

this Court on 14.11.2023.

4. If that is the case, this Original Petition (Crl.) need not be

retained. There can be a direction to dispose the main case

immediately.

Therefore, this Original Petition (Crl.) is disposed of with the

following directions:

a) The Family Court, North Paravur will dispose M.C.No.53/2023 as expeditiously as possible.

O.P(Crl) 877/2023

b) Till final orders are passed in M.C.No.53/2023, the order dated 14.11.2023 will continue.

c) If there is any violation of the above order, the court below is free to proceed with in accordance with law.

d) While disposing the matter finally, the Family Court will decide the matter untrammelled by the observations in the order dated 14.11.2023.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/ O.P(Crl) 877/2023

APPENDIX OF OP(CRL.) 877/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF PRIVATE COMPLAINT FILED BEFORE HONOURABLE JFCM -1, NORTH PARAVUR AND AGAINST THE 1ST RESPONDENT Exhibit P2 THE TRUE COPY OF FIR NO.510/2022 DATED 1/7/2022 Exhibit P3 TRUE COPY OF TREATMENT SHEET ISSUED DATE 01.04.2023 Exhibit P4 THE TRUE COPY OF THE ID POST OFFICE SAVING BANK AS SB/RD ACCOUNT AS A/C NO. 010013807964 FOE AN AMOUNT OF R.S 1,49,50/- S SUKANYA SAMRIDHI YOJANA RD SCHEME Exhibit P5 THE TRUE COPY OF COMPUTER GENERATED TDS IN FORM NO.16 OF PETITIONER Exhibit P6 TRUE COPY OF PAY SLIP FOR JANUARY 2023 FOR RS.43,346/-

Exhibit P7 THE TRUE COPY OF THE ORDER IN MP 173/2023 IN MC 53/2023 DATED 5/6/2023 Exhibit P8 THE TRUE COPY OF THE ORDER IN MP

DATED 14/9/2023 Exhibit P9 THE TRUE COPY OF RECEIPT OF RECEIVING SUM OF RS. 1,40,000/- BY MISHA T BABU DATED ON 28.11.2023