Shajendra Babu vs Sheeja
2023 Latest Caselaw 10081 Ker

Citation : 2023 Latest Caselaw 10081 Ker
Judgement Date : 18 September, 2023

Kerala High Court

Shajendra Babu vs Sheeja on 18 September, 2023

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                     OP(CRL.) NO. 611 OF 2023
   AGAINST THE ORDER/JUDGMENT MC 78/2021 OF FAMILY COURT,KOLLAM
PETITIONER/RESPONDENT:


          SHAJENDRA BABU, AGED 58 YEARS, S/O. SURENDRAN, RESIDING
          AT SREEKRISHNA MANDIRAM, KALLUMTHAZHAM P.O.,
          KILIKOLLOOR VILLAGE, KOLLAM, PIN - 691004

          BY ADVS.
          S.SREEKUMAR (KOLLAM)
          NAMITHA RAJESH


RESPONDENTS/PETITIONER & STATE:


    1     SHEEJA, AGED 53 YEARS, D/O.VALSALAN, FROM SREEKRISHNA
          MANDIRAM, KALLUMTHAZHAM P.O., KILIKOLLOOR VILLAGE,
          KOLLAM - 691004 NOW RESIDING AT VIJAYA MANDIRAM,
          KOTTAKKAKOM CHERRY, THIRKKADAVOOR VILLAGE, PERINAD
          P.O., KOLLAM DISTRICT, PIN - 691601

    2     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
          COURT OF KERALA, PIN - 682031

          BY ADVS.
          K.G.BINDU
          T.S.MAYA (THIYADIL)(K/140/1995)


OTHER PRESENT:
           HRITWICK CS PP



     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 18.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO.611 OF 2023
                                    2



                    P.V.KUNHIKRISHNAN
               ---------------------
                   OP(CRL.) No.611 of 2023
           ---------------------------
           Dated this the 18th day of September, 2023

                              JUDGMENT

This original petition (criminal) is filed with the

following prayers:-

"I. To set aside Exhibit P1 interim order dated 06.07.2023 of the Family Court, Kollam and to remand the matter for fresh disposal:

II. To give a direction to the Family Court, Kollam to consider and pass appropriate order on merits in the Exhibit P2 petition within a time frame by this Hon'ble Court after giving an opportunity for the petitioner to adduce evidence.

III. Issue such other Order or Direction that this Honorable Court may deem fit and proper in the nature and circumstances of the case."

IV. Dispense with filing translation of the vernacular documents.

2. When this original petition (criminal) came up for

consideration on 08.08.2023, this Court passed the

following order:-

"Admit.

Heard the learned counsel for the petitioner. OP(CRL.) NO.611 OF 2023

Learned Public Prosecutor takes notice for the 2nd respondent.

Issue notice to the 1st respondent by registered post as well as by serving copy of this petition to the counsel appearing for the 1st respondent before the Family Court and file Memo within seven days.

In the meantime the order impugned stand stayed on condition that the petitioner shall deposit arrears of maintenance starting from the date of the petition till this date at the rate of RS.3,500/- (Rupees Three Thousand Five Hundred Only) per month to the 1st respondent. Post on 11/09/2023."

3. Today, when the matter came up for

consideration, both sides admitted that the interim order is

not complied. If that is the case, this original petition need

not be retained. There can be a direction to the lower court

below to dispose the main matter as expeditiously as

possible.

Therefore, this original petition (criminal) is disposed of

directing the Family Court, kollam to dispose M.C

No.78/2021 as expeditiously as possible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng OP(CRL.) NO.611 OF 2023

APPENDIX OF OP(CRL.) 611/2023 PETITIONER EXHIBITS