Raveena vs Manikandan
2023 Latest Caselaw 10188 Ker

Citation : 2023 Latest Caselaw 10188 Ker
Judgement Date : 21 September, 2023

Kerala High Court

Raveena vs Manikandan 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. 692 OF 2023
 AGAINST THE ORDER/JUDGMENT IN MC 269/2021 OF FAMILY COURT, TIRUR


PETITIONER/PETITIONER/PETITIONER:


            RAVEENA, AGED 26 YEARS, D/O. VENUGOPAL, KANJEERI HOUSE,
            KURUMBATHOOR P.O., TIRUR TALUK, MALAPPURAM DISTRICT,,
            PIN - 676301

            BY ADVS.
            K.R.VINOD
            M.S.LETHA
            NABIL KHADER
            CHITHRA C.EDADAN
            MOHAMMED RAZALI K.A


RESPONDENT/RESPONDENT/RESPONDENT:


            MANIKANDAN, AGED 32 YEARS, MANIKANDAN,S/O. NARAYANAN,
            ANIMANGALAM HOUSE, POOKATTIRI, EDAYOOR P.O., PIN: 676
            552, EDAYOOR AMSOM, POOVAMTHUTHARA DESOM, TIRUR TALUK,
            MALAPPURAM DISTRICT, PIN - 676552




     THIS   OP   (CRIMINAL)   HAVING        COME   UP   FOR   ADMISSION   ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO.692 OF 2023
                                   2



                    P.V.KUNHIKRISHNAN
               ---------------------
                   OP(CRL.) No.692 of 2023
           ---------------------------
           Dated this the 21st day of September, 2023

                             JUDGMENT

This original petition (criminal) is filed with the

following prayers:-

"(i) To direct the Hon'ble Family Court, Tirur to issue warrant of arrest against the respondent herein in the event of non-payment of the outstanding maintenance arrears of Rs.90,000/- as on the date of this Original Petition, within the time stipulated by this Hon'ble High Court.

(ii) To direct the Hon'ble Family Court, Tirur to issue warrant of arrest against the respondent herein in the event of non-payment of the outstanding amount of Rs.21,200/-, payable towards hospital expenses of the petitioner in connection with the delivery, within the time stipulated by this Hon'ble High Court.

(iii) To issue any other order or direction appropriate in the circumstances of the case."

(SIC).

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

consideration on 08.09.2023, this Court passed the

following order:-

"Registry will get a report from the Family Court, Tirur about the present stage of the CMP(Ex)No.365/2022 and also will get an OP(CRL.) NO.692 OF 2023

explanation why coercive steps are not taken, if the payment is not effected.

Post along with the report on 21/09/2023."

3. Now, a report is filed by the Family Court, Tirur. It

will be better to extract the relevant portion of the report,

which reads as follows:-.

"CMP(Ex).365/2022 is an Execution Petition filed U/s.128 of Cr.P.C for claiming delivery expenses of the petitioner and the treatment expenses of the minor child ie. for 85,987/-. In the said CMP the respondent had paid full amount. Hence that CMP (Ex)365/2022 is closed.

CMP(Ex).201/2023 is a petition filed U/s.125 (3) of Cr.P.C for claiming five months maintenance ie. for 50,000/-. The said CMP was filed on 30.05.2023. Notice was issued to the respondent to appear on 19.08.2023. On that day there was no sitting. Hence case was adjourned to today (15.09.2023) for appearance and payment of amount. Today respondent appeared and sought breathing time either to make counter or to make payment. Hence respondent was given breathing time to make payment, considering the fact that, he had paid 20,987/- in CMP(Ex) 365/2022 and closed the matter. If he fails to file counter or make payment this Court would take coercive steps in this regard. May I respectfully submit the above report for due consideration."

OP(CRL.) NO.692 OF 2023

4. I am of the considered opinion that the Family

Court should take every effort to see that the petitioner,

who is the wife, is getting the maintenance as ordered by

the court as long as the order of maintenance is in force.

For that purpose, the Family Court should take coercive

steps also, if necessary.

Therefore, this original petition (criminal) is disposed of

directing the Family Court, Tirur to dispose CMP

No.201/2023 as expeditiously as possible and if necessary

by initiating coercive steps against the accused.

Sd/-