Kerala High Court
N. Rajendran vs Sasikala B on 21 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
OP(CRL.) NO. 644 OF 2023
AGAINST THE ORDER/JUDGMENT IN MC 241/2021 OF FAMILY COURT,
MAVELIKKARA
PETITIONER/RESPONDENT:
N. RAJENDRAN,AGED 66 YEARS, SON OF NARAYANAN,
NARAYANAPURATHUVEEDU, MUTHUKULAM NORTH MURI, MUTHUKULAM
VILLAGE, MUTHUKULAM P.O., KARTHIKAPPALLY TALUK,
ALAPPUZHA, NOW RESIDING AT RAGA RESIDENCY, KOTTUVALLIL
ARCADE, CHIRAKADAVAM MURI, KAYAMKULAM - ALAPPUZHA
DISTRICT., PIN - 690502
BY ADV P.K.VIJAYAMOHANAN
RESPONDENT/PETITIONER:
SASIKALA B., AGED 55 YEARS, WIFE OF N. RAJENDRAN,
NARAYANAPURATHU VEEDU, MUTHUKULAM NORTH MURI,
MUTHUKULAM VILLAGE, MUTHUKULAM P.O. - KARTHIKAPPALY
TALUK, ALAPPUZHA., PIN - 690506
BY ADV HARIKRISHNAN RAPHYRAJ
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21.09.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO.644 OF 2023
2
P.V.KUNHIKRISHNAN
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OP(CRL.) No.644 of 2023
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Dated this the 21st day of September, 2023
JUDGMENT
This original petition (criminal) is filed with the
following prayers:-
"i. To set aside Exhibit P7 Order of the Family
Court, Mavelikara as the same is issued without
considering Exhibit P6 objection and due
application of mind;
ii. To direct the Family Court, Mavelikara to
consider and dispose Exhibit P3, M.C. 242/2021
within a time frame to be decided by this Hon'ble
Court;
iii. To dispense the production of English
translation of the Malayalam document produced
in this Original Petition;
iv. To issue such other writ, order or other
appropriate direction as this Hon'ble Court may
deem fit and proper in the facts and circumstances
of the case and in the interest of justice." (SIC).
2. When this original petition (criminal) came up for
consideration on 18.08.2023, this Court passed the
OP(CRL.) NO.644 OF 2023
following order:-
"Heard.
2. Issue notice to the respondent by
registered post. The petitioner is directed to take
steps within three days. The petitioner is also
directed to serve copy of this original petition to
the counsel appearing for the respondent before
the court below and file memo to that effect
within seven days.
3. In the meantime, the execution of the
impugned order shall stand stayed, on condition
that the petitioner shall deposit the entire arrears
of maintenance at the rate of Rs.5,000/- (Rupees
five thousand only) per month, starting from the
date of the petition till this date, within a period of
30 days, and to continue to pay the said amount
till the disposal of the revision petition. .
4. It is ordered that if the interim order of
this Court is not complied, as directed, there shall
be no stay in executing the impugned order and
the Family Court is at liberty to execute the order,
in accordance with law.
Post on 14.09.2023 for return of notice and
to ensure compliance of the interim order."
3. Today, when the matter came up for
consideration, both sides submitted that the interim order is
complied and the petitioner is paying the amount. If that is
the case, there can be a direction to the Family Court to
OP(CRL.) NO.644 OF 2023
dispose MC No.241/2021 as expeditiously as possible and
till then, the interim order can continue.
Therefore, this original petition (criminal) is disposed of
with the following directions:-
I) The interim order dated 18.08.2023 will
continue till disposal of MC No.241/2021 pending
before the Family Court, Mavelikara.
II) The Family Court will try to dispose MC
241/2021 as expeditiously as possible.
III) The Family Court will decide the matter
untrammelled by the interim order passed by this
Court while deciding the matter finally.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
OP(CRL.) NO.644 OF 2023
APPENDIX OF OP(CRL.) 644/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ACKNOWLEDGMENT
DATED 02.06.2020 OF THE VILLAGE OFFICER
RECEIVING THE KEYS OF THE ROOMS AND THE
GATE
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
23.12.2019 OF THE JUDICIAL FIRST CLASS
MAGISTRATE-I, HARIPAD IN CRL. MP NO.
5046/19 IN MC NO. 152/19,
Exhibit P3 THE TRUE COPY OF THE M.C. NO. 241/2021
BEFORE THE FAMILY COURT, MAVELIKARA
UNDER SECTION 125 OF THE CRIMINAL
PROCEDURE CODE CLAIMING MAINTENANCE AT
THE RATE OF RS.50,000/ PER MONTH.
Exhibit P4 THE TRUE COPY OF THE OBJECTION IN M.C.
NO. 241/2021 BEFORE THE FAMILY COURT,
MAVELIKARA
Exhibit P5 THE TRUE COPY OF THE CMP 435/2023 FOR
INTERIM MAINTENANCE IN M.C. NO.
241/2021 BEFORE THE FAMILY COURT,
MAVELIKARA
Exhibit P 6 THE TRUE COPY OF THE OBJECTION DATED
08.06.2023 FILED BY THE PETITIONER IN
CMP 435/2023 IN M.C. NO. 241/2021
BEFORE THE FAMILY COURT, MAVELIKARA
Exhibit P7 THE TRUE COPY OF THE ORDER DATED
08.06.2023 OF THE FAMILY COURT,
MAVELIKARA IN CRIMINAL M.P. NO. 435 IN
M.C. NO. 241 OF 2021,
Exhibit P8 THE TRUE COPY OF THE NOTICE NO. NCL-127
DATED 13.06.2019 FROM THE KERALA STATE
FINANCIAL ENTERPRISES LIMITED,
KAYAMKULAM II BRANCH FOR RECOVERY OF
THE AMOUNT FROM THE PETITIONER AS THE
SURETY FOR THE RESPONDENT
OP(CRL.) NO.644 OF 2023
Exhibit P9 THE TRUE COPY OF THE NOTICE RRC NO.
2021/2874/04 DATED 03.02.2023
Exhibit P10 TRUE COPY OF THE LOAN VIEW STATEMENT
DATED 01.08.2023 FROM THE CANARA BANK
Exhibit P11 TRUE COPY OF THE ACCOUNT STATEMENT FOR
THE PERIOD FROM 04.02.2023 TO
04.08.2023 FROM THE STATE BANK OF
INDIA, KAYAMKULAM BRANCH
Exhibit P12 TRUE COPY OF THE DETAILS OF STATEMENT
DATED 01.08.2023 FROM THE UNION BANK OF
INDIA
Exhibit P13 THE TRUE COPY OF THE COMMUNICATION NO.
10/24 DATED 13.03.2023 OF THE VILLAGE
OFFICER, MUTHUKULAM VILLAGE
Exhibit P14 THE TRUE COPY OF THE LEASE DEED DATED
23.09.2013
Exhibit P15 THE TRUE COPY OF THE MEDICAL REPORT
DATED 03.01.2020 FROM THE PUSHPAGIRI
MEDICAL COLLEGE HOSPITAL, THIRUVALLA.
