Kerala High Court
Navas vs Ransha K.S on 13 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
OP(CRL.) NO. 394 OF 2023
AGAINST THE ORDER/JUDGMENT MC 173/2020 OF FAMILY COURT, OTTAPPALAM
PETITIONER/RESPONDENT/RESPONDENT:
NAVAS.,
AGED 38 YEARS
S/O. SALIM, MAMMASRAYILLATH VEEDU, KARUTHAKADU, P.O.
WADAKKANCHERY,THALAPILLY TALUK, THRISSUR DISTRICT,
PIN - 680623
BY ADVS.
P.JAYARAM
P.B.AJOY
K.R.PAUL
RESPONDENTS/PETITIONERS/PETITIONERS:
1 RANSHA K.S.
AGED 29 YEARS
D/O. SHAMSUDHEEN, KODAKATTIL VEEDU, P.O. OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679101
2 FATHIMA NASHUA
AGED 8 YEARS
D/O RANSHA K. S., KODAKATTIL VEEDU, P.O. OTTAPALAM,
PALAKKAD DISTRICT MINOR 2ND RESPONDENT IS REPRESENTED
BY MOTHER/GUARDIAN 1ST RESPONDENT, PIN - 679101
BY ADVS.
HAROON RASHEED A - R1 & R2
K.M.SAJINA(K/841/2009)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(Crl.).No.394 of 2023
2
P.V.KUNHIKRISHNAN, J.
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O.P.(Crl.)No.394 of 2023
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Dated this the 13th day of September, 2023
JUDGMENT
The above Original Petition is filed with the
following prayers:
"i) Call for the records relating to
Exhibit P1 order from the Family Court,
Ottapalam.
ii) Set aside Exhibit P1 order;
iii) Grant such other reliefs found just
and proper in the facts and circumstances of the
case including the one dispensing with the
production of English translation of Vernacular
documents/Exhibits."
2. The petitioner is aggrieved by Ext.P1
order by which the petitioner was directed to pay
interim maintenance at the rate of R.5,500/- per
O.P(Crl.).No.394 of 2023
month to the 1st respondent and Rs.2,000/- per
month to the 2nd respondent. Aggrieved by the
same, this O.P.(Crl.) is filed.
3. Heard the learned counsel appearing
for the petitioner and the respondents.
4. When this O.P(Crl.) came up for
consideration on 26.05.2023, this Court passed
the following order:
"Admit. Issue notice to the respondents
through speed post.
There shall be an interim stay of further
proceedings based on the order in
CMP.No.113/2023 in MC.No.173/2020 of the
Family Court, Ottappalam for two months,
subject to the petitioner paying monthly
maintenance at the rate of Rs.4,000/- to the
first respondent and Rs.2,000/- to the second
respondent and also remitting the arrears of
maintenance calculated at the said rate within
one month.
On deposit, the amount shall forthwith be
released to the respondents."
O.P(Crl.).No.394 of 2023
5. Today when the matter came up for
consideration, the counsel appearing for the
petitioner submitted that, he will pay the arrears
within two months and he will continue to pay
the amount as ordered by this Court. In such
circumstances, without expressing any opinion on
merit, the interim order can be made absolute by
directing the petitioner to pay the arrears of
maintenance as ordered by this Court on
26.05.2023, within two months and to continue
to pay the amount ordered by this Court till the
disposal of M.C.No.173/2020.
Therefore, this Original Petition (Crl.) is
disposed of in the following manner:
i. The interim order dated
26.05.2023 is made absolute. The time to
O.P(Crl.).No.394 of 2023
pay the arrears of maintenance as ordered
by this Court on 26.05.2023 is extended for a
further period of two months.
ii. The Family Court, Ottapalam will
try to dispose of M.C.No.173/2020 as
expeditiously as possible.
iii. While deciding M.C.No.173/2020,
the Family Court, Ottapalam will decide the
issue untrammeled by the interim order
passed by this Court on 26.05.2023.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
O.P(Crl.).No.394 of 2023
APPENDIX OF OP(CRL.) 394/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
30.03.2023 IN C.M.P NO. 113/2023
IN M.C. NO. 173/2020 ON THE
FILES OF FAMILY COURT, OTTAPALAM
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
