Muhammed Rafi vs Bushra.T.P
2023 Latest Caselaw 10596 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                         OP(CRL.) NO. 555 OF 2023
  AGAINST THE ORDER/JUDGMENT MC 211/2021 OF FAMILY COURT, KANNUR
PETITIONER/PETITIONER:

             MUHAMMED RAFI
             AGED 45 YEARS
             S/O. LATE. MAMU, ANJITH PUTHIYA PURAYIL, P.O.
             ARAVANCHAL, PAYYANUR VIA, PAYYANUR TALUK, KANNUR
             DISTRICT, PIN - 670307

             BY ADVS.
             S.S.ARAVIND
             M.V.AMARESAN



RESPONDENTS/RESPONDENTS:

    1        BUSHRA.T.P,
             AGED 31 YEARS
             D/O. ABDUL BASHEER PUNNAKKAL, RESIDING AT T.P. HOUSE,
             KODITHAYAL,CHERUTHAZHAM, P.O. MANDOOR,PAYYANUR TALUK,
             KANNUR DISTRICT, PIN - 670501

    2        MUHAMMED HASHIR (MINOR), REP. BY MOTHER AND GUARDIAN
             THE 1ST RESPONDENT BUSHRA.T.P,
             AGED 11 YEARS,RESIDING AT T.P. HOUSE, KODITHAYAL,
             CHERUTHAZHAM, P.O. MANDOOR, PAYYANUR TALUK,
             KANNUR DISTRICT., PIN - 670501

    3        RIFA FATHIMA(MINOR) REP. BY THEIR MOTHER AND GUARDIAN
             THE 1ST RESPONDENT BUSHRA.T.P
             AGED 9 YEARS, RESIDING AT T.P. HOUSE, KODITHAYAL,
             CHERUTHAZHAM, P.O. MANDOOR,PAYYANUR TALUK,
             KANNUR DISTRICT, PIN - 670501

             BY ADV M.SASINDRAN




     THIS    OP    (CRIMINAL)   HAVING      COME    UP   FOR    ADMISSION    ON
16.10.2023,       THE   COURT   ON   THE     SAME    DAY       DELIVERED    THE
FOLLOWING:
  OP(CRL. ) NO. 555 OF 2023
                                  2



          P.V.KUNHIKRISHNAN, J.
           -------------------------------
          OP(Crl.) No. 555 of 2023
         -----------------------------------
  Dated this the 16th day of October, 2023


                          JUDGMENT

The above Original Petition (Crl.) is filed with

the following prayers;

"i) to set aside the monetary condition laid in Exhibit P1 order

ii) to grant such other and further reliefs as this Hon'ble Court may consider just and proper in the facts and circumstances of the case."(SIC)

2. When this Original Petition (Crl.) came up

for consideration on 20.07.2023, this Court passed

the following order;

Issue notice to the respondents through

speed post.

OP(CRL. ) NO. 555 OF 2023

Further proceedings based on the order in

M.C. No.211/2011 of the Family Court, Kannur shall

be kept in abeyance for two months, subject to the

petitioner depositing Rs.1 lakh within one month.

On deposit, the amount shall forthwith be

released to the respondents.

3. The petitioner is challenging the

conditional order by which the ex-party order is set

aside. The conditional order is not complied by the

petitioner. Moreover, the conditional order passed

by this Court is also not complied. After going

through the impugned order, I am of the considered

opinion that there is nothing to interfere with the

impugned order. Therefore, nothing survives in this

petition.

      Therefore,        this   Original    Petition(Crl.)    is

dismissed.                                    Sd/-

                                   P.V.KUNHIKRISHNAN
nvj                                      JUDGE
  OP(CRL. ) NO. 555 OF 2023

APPENDIX OF OP(CRL.) 555/2023

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF ORDER DATED 26-6-2023 IN CMP. NO. 03/2023 IN MC NO.

211/2021 PASSED BY HON'BLE FAMILY COURT, KANNUR

EXHIBIT-P2 TRUE COPY OF CMP. NO. 03/2023 IN MC NO. 211/2021 FILED BY THE PETITIONER BEFORE THE HON'BLE FAMILY COURT, KANNUR DATED 8-3-2023

EXHIBIT-P3 TRUE COPY OF MC NO. 211/2021 FILED BY THE RESPONDENTS BEFORE THE HON'BLE FAMILY COURT, KANNUR

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE