Kerala High Court
Riyas Ahammed P.H vs Kairunnisa on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
OP(CRL.) NO. 114 OF 2023
AGAINST THE ORDER/JUDGMENT MC 74/2017 OF CHIEF JUDICIAL
MAGISTRATE, KASARAGOD
PETITIONER/PETITIONER/RESPONDENT:
RIYAS AHAMMED P.H,
AGED 40 YEARS,
S/O LATE P.H ABOOBACKER, PUTHUR HOUSE,
PATLA ROAD JUNCTION, MADHUR P.O,
KASARAGOD DT., PIN - 671124
BY ADVS.
M.MUHAMMED SHAFI
T.RASINI
AYISHA AFRIN A.V.K.
RESPONDENT/RESPONDENT/PETITIONER:
KAIRUNNISA,
AGED 25 YEARS,
D/O LATE MOHAMMED ODUVAR, SAFWAN MANZIL, ODUVAR HOUSE,
ANGADIMOGAR P.O, VIA KUMBALA, KASARAGODE DT.,
PIN - 671552
BY ADV
SRI.KODOTH SREEDHARAN.
SRI.G.SUDHEER, PUBLIC PROSECUTOR.
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(Crl) No.114 of 2023
2
K.BABU, J.
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O.P(Crl) No.114 of 2023
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Dated this the 30th day of March, 2023
JUDGMENT
The challenge in this Original Petition (Criminal) is to Ext.P4
order, whereby the Chief Judicial Magistrate, Kasaragod allowed
the petition filed under Section 5 of the Limitation Act to condone
the delay of 1835 days in filing application to set aside the ex-parte
order in M.C No.74/2017.
2. The Trial Court passed order in a proceeding under
Section 3 of the Muslim Woman (Protection of Rights on Divorce)
Act, 1986 directing the petitioner to pay Rs.27,50,000/- being the
value of the gold ornaments and Rs.9,45,000/- as reasonable and
fair provision and maintenance. The amount due to the respondent
at the time of consideration of the impugned order was
Rs.36,95,000/-.
3. The Trial Court allowed the application on condition that
the petitioner shall deposit Rs.9,23,750/- being 25% of the amount
O.P(Crl) No.114 of 2023
due to the respondent within a period of one month. The Trial
Court had also ordered that in the event of non-payment of
Rs.9,23,750/- the petition would stand dismissed.
4. The petitioner now seeks modification of the condition
imposed by the Court below.
5. Heard both sides.
6. The petitioner is the former husband of the respondent.
He effected divorce by pronouncing talaq. He was admittedly,
employed in the middle east. The execution petition was filed after
a long lapse of four years. The learned counsel for the petitioner
submitted that the petitioner lost his employment in the gulf
country and he is now settled at home.
7. Having regard to the entire circumstances, Ext.P4 order
is modified and the petitioner is directed to deposit Rs.5 Lakhs
before the Court below within a period of one month from this day.
If the petitioner fails to deposit the amount as directed, CMP
No.1918/2022 will stand dismissed. On deposit of the amount, the
respondent is entitled to receive the same from the Court below.
In the event the petitioner deposits the amount, the Trial Court
O.P(Crl) No.114 of 2023
shall dispose of the matter as expeditiously as possible, at any
rate, within a period of three months from this day.
The Original Petition (Criminal) is disposed of.
Sd/-
K.BABU,
JUDGE
KAS
O.P(Crl) No.114 of 2023
APPENDIX OF OP(CRL.) 114/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 11-07-2019
IN MC NO. 74 OF 2017 OF THE CHIEF
JUDICIAL MAGISTRATE COURT, KASARAGODE
Exhibit P2 TRUE COPY OF THE PETITION IN CMP NO.
1918 OF 2022 IN MC. 74 OF 2017
Exhibit P3 TRUE COPY OF THE COUNTER FILED ON
BEHALF OF THE RESPONDENT DATED 30-08-
Exhibit P4 TRUE COPY OF THE ORDER IN CMP 1918/2022
IN M.C 74/2017 DATED 02-09-2022 OF THE
JUDICIAL MAGISTRATE COURT, KASARAGOD
