H. Shaji vs Farhana Faseen
2024 Latest Caselaw 4519 Ker

Kerala High Court

H. Shaji vs Farhana Faseen on 6 February, 2024

Author: Anu Sivaraman

Bench: Anu Sivaraman

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                     &
                THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
          Tuesday, the 6th day of February 2024 / 17th Magha, 1945
                         MAT.APPEAL NO. 538 OF 2018
                   OP 118/2012 OF FAMILY COURT, PALAKKAD.
APPELLANT/RESPONDENT:

     H. SHAJI, AGED 38 YEARS, S/O. HAMSA, H.S.MANZIL, INDIRA NAGAR, IIND
     STREET, VALIPARAMBU ROAD, KUNNATHURMEDU, PALAKKAD TALUK & DISTRICT.

    BY ADV. SRI. K.ANAND
RESPONDENT/PETITIONER:

     FARHANA FASEEN, AGED 27 YEARS, D/O. SIRAJUDHEEN, 45/593, USHUS
     AVENUE, PALLIPURAM P.O., PALAKKAD TALUK & DISTRICT-679305.

    BY ADV. SRI. NIREESH MATHEW
     This Matrimonial appeal having come up for orders on 06.02.2024, the
court on the same day passed the following:




                                                                 P.T.O.
                               ANU SIVARAMAN, J
                                           &
                           C. PRATHEEP KUMAR, J
                     -----------------------------------------------
                           Mat Appeal. No.538 of 2018
                    ------------------------------------------------
                    Dated this the 6th day of February, 2024

                                     ORDER

Anu Sivaraman, J.

We notice that Mat. Appeal 538 of 2018 was filed against the

judgment dated 24.2.2016 in O.P. No.118 of 2012 of Family Court,

Palakkad. R.P(FC) No.158 of 2019 was also tagged along with the said Mat.

Appeal, where there was a direction to pay the amount ordered as

maintenance to the 1st and 2nd respondents.

2. By order dated 1.2.2024, in C.M. Application No.1 of 2018 and

I.A.No.1 of 2022 in Mat. Appeal 538 of 2018, this Court had clearly directed

that the further proceedings in execution of the impugned directions shall

stand stayed and that if the petitioner has been arrested in execution

proceedings, he shall be released forthwith. However, it appears that the

appellant in the OP, who was the petitioner in the I.A. was not released even

on 6.2.2024. The reasons stated by the Judge of the Family Court Palakkad

is that the judgment debtor was arrested on 29.1.2024 before the order was

passed by this Court and he was sentenced and ordered to be detained in

civil prison for three months and the E.P was closed. It is stated that since

no execution proceedings are pending as on 1.2.2024, further clarification

was required.

3. We failed to see what further clarification the Family Court

Judge requires when this Court has directed that if the petitioner in the

I.A. has been arrested in the execution proceedings, he shall be released

forthwith. The orders of this Court shall be complied with forth with. The

Judge, Family Court, Palakkad shall furnish an explanation as to his

conduct in not complying with the directions in spite of the order dated

1.2.2024.

(H/o today itself)

Sd/-

ANU SIVARAMAN, JUDGE

Sd/-

C. PRATHEEP KUMAR, JUDGE sou.

06-02-2024 /True Copy/ Assistant Registrar