Jiju Lukose vs State Of Kerala
2024 Latest Caselaw 11704 Ker

Kerala High Court

Jiju Lukose vs State Of Kerala on 25 April, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MRS. JUSTICE C.S. SUDHA
          Thursday, the 25th day of April 2024 / 5th Vaisakha, 1946
             CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 271 OF 2023
                   CRA 244/2017 OF SESSIONS JUDGE, KOTTAYAM
        MC 42/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PALA
PETITIONER/REVISION PETITIONER/RESPONDENT NO.2/RESPONDENT

     JIJU LUKOSE, AGED 38 YEARS, S/O.GEORGE LUKOSE, 1300 WORCESTER ROAD,
     FRAMINGHAM, MA 01702, BOSTON, USA, PERMANENT ADDRESS AT PLATHOTTAM
     HOUSE, ATHIRAMPUZHA.P.O., KOTTAYAM, PIN - 686562.

RESPONDENTS/RESPONDENTS/APPELLANT/PETITIONER

  1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
     ERNAKULAM - 682 031.
  2. SNEHA JOSE, D/O.JOSE KURIAN, VEMPENY HOUSE, VETTIMUKAL.P.O.,
     ETTUMANOOR, KOTTAYAM. PIN - 686631.

     Application praying that in the circumstances stated therein the
High Court be pleased to stay of the order dated 28.10.2022 in Crl Appeal
No.244/2017 passed by the Court of Session Kottayam modifying order in MC
No.42/2016 dated 13.09.2017 passed by Judicial First Class Magistrate
Court - I, Pala pending disposal of the Crl Revision petition by allowing
this petition.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.K.K.DHEERENDRAKRISHNAN & N.P.ASHA,
Advocates for the petitioner and of PUBLIC PROSECUTOR for the first
respondent, the Court passed the following:
                           C.S.SUDHA, J.
          ----------------------------------------------------
                      Crl.M.A.No.1 of 2023
                                  in
                     Crl.R.P No.271 of 2023
          ----------------------------------------------------
             Dated this the 25th day of April, 2024

                             ORDER

It is submitted by the learned counsel for the petitioner

that the order dated 13/09/2017 in M.C.No.42/2016 is being

complied with. The said order has been modified by the

Court of Session in Crl.Appeal Nos.197/2017 and 244/2017

by judgment dated 28/10/2022. The amount of maintenance

that was granted by the Magistrate Court was ₹10,000/-

which has been enhanced to ₹30,000/- by the Appellate Court.

2. It is submitted that the order of the Magistrate

Court is being complied with regularly without fault and

execution proceedings of the Appellate order may be stayed.

3. Service is complete. There is no representation for

the respondent. As it is submitted by the learned counsel for

in

the petitioner that the order of the Magistrate is being complied

with without any default, further execution proceedings as far as

the order of the Appellate Court is concerned shall stand stayed

till the next posting date.

Post on 27/05/2024.

Sd/-

C.S.SUDHA JUDGE

Jms

25-04-2024 /True Copy/ Assistant Registrar