Thomas Kurian vs Radhamani
2023 Latest Caselaw 9573 Ker

OP(CRL.) NO. 657 OF 2023                1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                              OP(CRL.) NO. 657 OF 2023
    AGAINST THE ORDER/JUDGMENT MC 27/2023 OF GRAMA NYAYALAYA,
                           VELLANADU, THIRUVANANTHAPURAM.
PETITIONER/S:
     1    THOMAS KURIAN, AGED 43 YEARSS/O. P. T. KURIAN,
          POONIYIL HOUSE, THATHAMPALLY WARD, ALAPPUZHA,, PIN -
          688001

      2        PENNAMMA KURIAN,AGED 73 YEARSD/O. ROSAMMA ANTONY,
               POONIYIL HOUSE, THATHAMPALLY WARD, ALAPPUZHA, PIN -
               688001

      3        YOSSUVA KURIAN,AGED 40 YEARSS/O. P.T. KURIAN,
               POONIYIL HOUSE, THATHAMPALLY WARD, ALAPPUZHA, PIN -
               688001

      4        ANCY,AGED 34 YEARSW/O. YOSHWA KURIAN, POONIYIL
               HOUSE, THATHAMPALLY WARD, ALAPPUZHA,, PIN - 688001

               BY ADVS.
               B.PRAMOD
               BIJU VIGNESWAR
               AYYAPPADAS V


RESPONDENT/S:
     1    RADHAMANI, D/O. OMANA, DHARSHANA HOUSE, KUTHAMKAD,
          KATTACODE P.O., PERIYAKULAM VILLAGE,
          THIRUVANANTHAPURAM, PIN - 695572

      2        VIJI R.D/O. RADHAMANI, DHARSHANA HOUSE, KUTHAMKAD,
               KATTACODE P.O., PERIYAKULAM VILLAGE,
               THIRUVANANTHAPURAM, PIN - 695572

               BY ADV SAIJO HASSAN
 OP(CRL.) NO. 657 OF 2023             2



OTHER PRESENT:
          SAIJO HASSAN -R1


       THIS     OP    (CRIMINAL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 657 OF 2023              3




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     O.P. (Crl.) No. 657 of 2023
                    --------------------------------------
             Dated this the 8th day of September, 2023


                                 JUDGMENT

The above OP (Crl.) is filed with the above prayers :

"(i) Set aside Ext.P7 to Ext.P10 notices issued to the petitioners in MC No. 27/2023 on the file of the Gramanyayalaya, Vellanad.

(ii) Issue a direction to the Gramanyayalaya, Vellanad to drop/close the proceedings in MC No.27/2023 on its file.

(iii) Grant such other reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

(iv) Dispose with the translation of the documents produced in the vernacular language." [SIC]

2. The petitioners are arrayed as respondents in Ext.P1

proceedings pending before the Grama Nyayalaya, Vellanad

and the proceedings are filed for various reliefs as per the

Protection of Women from Domestic Violence Act. The case of

the respondents is that the marriage between the 1st petitioner

and the 2nd respondent was solemnized on 17.09.2016 and a

baby boy was born on 28.02.2017 in the relationship. The 1 st

and 2nd petitioner used to harass the 2nd respondent demanding

dowry in relation which a case is pending before the Judicial

First Class Magistrate Court, Kattakkada and they are being

prosecuted for the said offence. It is also stated that the 1 st

petitioner is also being proceeded against in a crime registered

in respect of the allegation of threat to her life. The 2 nd

respondent has also filed divorce petition as well as a petition

for realisation of gold and money before the Family Court,

Pathanamthitta. After commencement of the trial in the

criminal case, it is stated that the 1 st petitioner started to

threat the respondent to the effect that the minor son would be

taken away and the petitioners 2 to 4 are giving support to the

1st petitioner for taking away the child. It is submitted that the

allegation in Ext.P1 complaint is not correct and the

respondents do not have any cause of action against the

petitioners, especially petitioners 2 and 4, who are the brother

and sister-in-law respectively of the 1 st petitioner. It is also

submitted that the respondents denied the parental right of the

1st petitioner and he approached the Child Welfare Committee,

Thiruvananthapuram District and during the proceedings held

by the CWC, consensus was arrived at whereby the 2nd

respondent agreed to provide visitational right to the 1 st

petitioner. It is stated that the said proceedings and the

consensual order passed therein are suppressed by the

respondents in Ext.P1 complaint. The main contention of the

petitioners is that Ext.P1 petition is not maintainable. Hence,

this Crl.M.C. is filed.

3. Heard the learned counsel for the petitioners.

4. Various contentions are raised by the petitioners in

this O.P.(Crl.) stating that Ext.P1 proceedings is not

maintainable. I am of the considered opinion that this Court

need not consider the same at this stage and the petitioners

can file appropriate petition before the Grama Nyayalaya and

the Grama Nyayalaya will consider the same in accordance

with law before the proceeding further with the case. The

appearance of the petitioners shall be dispensed till orders are

passed in the maintainability application.

Therefore, this O.P.(Crl.) is disposed of with the following

directions :

1) The petitioners are free to file a petition before the

Grama Nyayalaya, Vellanad raising the

maintainability of Ext.P1 petition within three weeks

from the date of receipt of a certified copy of this

judgment.

2) Once such a petition is received, the Grama

Nyayalaya will consider the same and pass

appropriate orders in it, after giving an opportunity

of hearing to the petitioners and the respondents

before proceeding with Ext.P1 petition.

3) The appearance of the petitioners shall not be

insisted till final orders are passed in the

maintainability petition, if such a petition is filed as

directed above.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF OP(CRL.) 657/2023 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE M. C. NO. 27/2023 DATED NIL ON THE FILE OF THE GRAMANALAYAM, VELLANAD

Exhibit P2 TRUE COPY OF THE REPLY DATED 27.07.2023 ISSUED BY THECHILD WELFARE COMMITTEE (CWC), THIRUVANATHAPURAM DISTRICT

Exhibit P3 TRUE COPY OF THE CHARGE SHEET DATED 06.02.2021 IN CRIME NO. 3486/2021 OF KATTAKKADA POLICE STATION IN C. C. NO.

1821/2021 OF THE JFCM COURT, KATTAKKADA

Exhibit P4 TRUE COPY OF O. P. NO. 888/2019 DATED 24.08.2019 ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P5 TRUE COPY OF O. P. (DIV) NO. 1231/2019 DATED NIL ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P6 TRUE COPY OF M.C. NO. 200/2019 DATED NIL ON THE FILE OF THE FAMILY COURT, PATHANAMTHITTA

Exhibit P7 TRUE COPY OF THE SUMMONS DATED 25.04.2023 ISSUED TO THE 1ST PETITIONER

Exhibit P8 TRUE COPY OF THE SUMMONS DATED 25.04.2023 ISSUED TO THE 2NDPETITIONER

Exhibit P9 TRUE COPY OF THE SUMMONS DATED 25.04.2023 ISSUED TO THE 3RD PETITIONER

Exhibit P10 TRUE COPY OF THE SUMMONS DATED 25.04.2023 ISSUED TO THE 4TH PETITIONER