Abdul Gafoor vs Subaida
2023 Latest Caselaw 9631 Ker

              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. 689 OF 2023
    AGAINST THE ORDER/JUDGMENT IN MC 104/2017 OF FAMILY COURT,
                              MALAPPURAM
PETITIONER/RESPONDENT:


            ABDUL GAFOOR, AGED 64 YEARS, S/O. CHERIYAMBADAN
            KACHEITHOID MUHAMMED, CHERUKUNNATH HOUSE,
            ANTHIYOORKUNN, VALIYAPARAMB P.O., KONDOTTY TALUK,
            MALAPPURAM DISTRICT, PIN - 676503

            BY ADV K.RAKESH


RESPONDENT/PETITIONER:


            SUBAIDA, AGED 52 YEARS, W/O. ABDUL GAFOOR,
            CHERIYAMBADAN KACHERITHODI HOUSE, ANTHIYOORKUNN AMSOM
            DESOM, PULIKKAL P.O., KONDOTTY TALUK, MALAPPURAM
            DISTRICT, PIN - 673637


     THIS   OP   (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO.689          OF 2023
                                       2



                   P.V.KUNHIKRISHNAN
              ---------------------
                   OP(CRL.) No.689 of 2023
          ---------------------------
           Dated this the 8th day of September, 2023

                                 JUDGMENT

The above original petition (criminal) is filed with the

following prayers:-

i) Set aside Exhibits P2, P3 and P4 by the issuance of a direction;

ii) Declare that the Family Court, Malappuram erred in issuing Non-bailable Warrant before exhausting the distress warrant proceedings;

iii) Dispense with the filing of English Translation of Vernacular documents;

iv) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." (SIC)

2. Admittedly, R.P.F.C.No.280/2020 is pending

before this Court against Ext.P1 order. There was a

conditional stay order passed by this Court in the above

revision. That condition is admittedly violated. In such

circumstances, now the original petition is filed to stay the

execution proceedings. I am of the considered opinion that

this original petition (criminal) need not be entertained. The OP(CRL.) NO.689 OF 2023

petitioner is free to file appropriate petitions in the pending

R.P.F.C.

Granting liberty to the petitioner to file appropriate

petition in the pending R.P.F.C, this original petition

(criminal) is closed.

Sd/-

                                   P.V.KUNHIKRISHNAN
                                        JUDGE
bng
 OP(CRL.) NO.689    OF 2023


                  APPENDIX OF OP(CRL.) 689/2023


PETITIONER EXHIBITS

EXHIBIT P1            A TRUE COPY OF THE COMMON ORDER DATED

22-7-2020 IN M.C.NO.104/2017 OF THE FAMILY COURT, MALAPPURAM

EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 15-7-

2023 PASSED BY THE FAMILY COURT, MALAPPURAM IN CRL.M.P(EX).NO.287/2020

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 15-7-

2023 PASSED BY THE FAMILY COURT, MALAPPURAM IN CRL.M.P(EX).NO.270/2021

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 15-7-

2023 PASSED BY THE FAMILY COURT, MALAPPURAM IN CRL.M.P(EX).NO.379/2022