Kerala High Court
Varkey Pj vs Elizabeth on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA,
1945
CRL.MC NO. 1494 OF 2024
AGAINST THE ORDER/JUDGMENT MC 1/2022 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT - II, KOTHAMANGALAM
PETITIONERS/APPELLANTS/RESPONDENTS 1 TO 3, 5, 7 TO 9:
1 VARKEY PJ
AGED 59 YEARS
S/O JOSEPH PALAMALAYIL HOUSE, THENGOD OONNUKAL
P.O, NERIAMANGALAM ERNAKULAM DISTRICT, PIN -
686693
2 JOB
AGED 46 YEARS
S/O JOSEPH PALAMALAYIL HOUSE, THENGOD OONNUKAL
P.O, NERIAMANGALAM ERNAKULAM DISTRICT, PIN -
686693
3 MARY
AGED 66 YEARS
W/O. ABRAHAM OUTHIMALA, KOTTAPADY P.O
PUNNAKKAL, KOTHAMANAGALAM ERNAKULAM DISTRICT,
PIN - 686692
4 CHINNAMA
AGED 61 YEARS
W/O. BABY MALIPPARA P.O, PUNNAKKAL
KOTHAMANAGLAM, ERNAKULAM DISTRICT, PIN - 686681
5 AMMINI
AGED 74 YEARS
W/O. MATHAI NADUKUDIYIL HOUSE, KUTHUKUZHI P.O
KOTHAMANAGLAM, ERNAKULAM DISTRICT, PIN - 686691
6 BABY
AGED 63 YEARS
PUTHAKKAL, MALIPPARA P.O KOTHAMANAGALAM,
ERNAKULAM DISTRICT, PIN - 686681
7 SAJU
AGED 53 YEARS
PARAKUDIYIL HOUSE, PERAKUTH OONNUKAL P.O,
CRL.M.C.No.1494/2024
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KOTHAMANGALAM ERNAKULAM DISTRICT, PIN - 686693
BY ADVS.
ALIAS M.CHERIAN
K.M.RAPHY
BRISTO S PARIYARAM
AMEERA JOJO
MINNU DARWIN
RESPONDENTS/PETITIONER & RESPONDENTS 4 AND 6 AND STATE OF
KERALA:
1 ELIZABETH
AGED 53 YEARS
W/O. VARKEY PALAMALAYIL HOUSE, THENGOD OONNUKAL
P.O, NERIAMANAGALAM ERNAKULAM DISTRICT, PIN -
686693
2 SALOMI
AGED 56 YEARS
W/O. MATHEWS NIRAVATH KANDATHIL, MANGAPARA
ADIMALI P.O, IDUKKI DISTRICT, PIN - 685561
3 SINI CHERIAN
AGED 46 YEARS
W/O. SAJAN PALAMALAYIL, THIRUVALLA P.O
PATHANAMTHITTA DISTRICT, PIN - 689101
4 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR DISTRICT
COURT, ERNAKULAM, PIN - 682011
SR.PP-SRI.VIPIN NARAYANAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.M.C.No.1494/2024
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SOPHY THOMAS, J
=========================
CRL.M.C.No.1494/2024
==========================
Dated this the 15th day of February, 2024
ORDER
The petitioners herein are respondent nos.1, 2, 3, 5, 7, 8
and 9 in MC No.1/2022 on the file of Judicial First Class
Magistrate Court, Kothamangalam(Temporary) challenging the
distress warrant issued against the 1st respondent.
2. The wife, filed MC No.1/2022 under the Domestic
Violence Act and obtained Annexure A3 order dated
17.06.2023 for interim maintenance at the rate of Rs.5,000/-
per month, along with some other reliefs.
3. The petitioners filed Criminal Appeal No.271/2023
before the Sessions Court, Ernakulam challenging Annexure A3
order with a delay of seven days, and that petition is pending
consideration of that Court. Meanwhile, the 1 st respondent -
wife proceeded for executing the interim order of maintenance
awarded in Annexure A3 order, and distress warrant was
issued against the husband. He is ready to pay the entire
arrears of maintenance from the date of order, as ordered in
Annexure A3. But the wife has claimed huge amount as arrears
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on a wrong calculation. Now his limited prayer is to permit him
to remit the arrears of interim maintenance at the rate of
Rs.5,000/- per month, from the date of order i.e. 17.06.2023.
4. In such circumstances, the learned Judicial First
Class Magistrate Court, Kothamangalam (Temporary), is
directed to calculate the arrears of maintenance as ordered in
Annexure A3 order, and permit the 1st petitioner/husband to
pay the arrears to the 1st respondent wife, on or before
26.02.2024. If the 1st respondent - wife is not available/ready
to accept that amount, the 1st petitioner - husband can be
permitted to deposit that amount before the Court.
5. Till 26.02.2024, the distress warrant pending
against the 1st petitioner shall be kept in abeyance.
6. Registry to forward a copy of this order to the
Judicial First Class Magistrate Court, Kothamangalam
(Temporary) forthwith for compliance.
With these directions, this Crl.M.C. is disposed of.
Sd/-
SOPHY THOMAS
JUDGE
ACR
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PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE INTERLOCUTORY
APPLICATION C.M.P NO. 26 OF 2022 IN
M.C NO 1 OF 2022 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT -II,
KOTHAMANGALAM
Annexure A2 TRUE COPY OF THE OBJECTION IN C.M.P
NO. 26 OF 2022 IN M.C NO. 1 OF 2022
BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT -II, KOTHAMANGALAM
Annexure A3 TRUE COPY OF THE ORDER DATED
17/06/2023 IN C.M.P NO 26 OF 2022 IN
M.C NO 1 OF 2022 PASSED BY JUDICIAL
FIRST CLASS MAGISTRATE COURT -II,
KOTHAMANGALAM
Annexure A4 TRUE COPY OF THE MEMORANDUM OF
CRIMINAL APPEAL NO. 271 OF 2023 FILED
BEFORE THE SESSION'S COURT, ERNAKULAM
Annexure A5 TRUE COPY OF THE APPLICATION FOR STAY
PETITION DATED 26/07/2023 FILED BEFORE
THE SESSION'S COURT, ERNAKULAM
Annexure A6 TRUE COPY OF THE APPLICATION FOR DELAY
PETITION DATED 26/07/2023 FILED BEFORE
THE SESSION'S COURT, ERNAKULAM
Annexure A7 TRUE COPY OF THE PETITION CMP NO. 2030
OF 2023 DATED 03/11/2023 BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE COURT
- II, KOTHAMANGALAM
Annexure A8 TRUE COPY OF THE OBJECTION IN CMP NO.
2030 OF 2023 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT -II,
KOTHAMANGALAM
Annexure A9 CERTIFIED COPY OF THE PROCEEDINGS
DATED 06/01/2024 IN MC NO. 1 OF 2022
ON THE FILE OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT -II,
KOTHAMANGALAM
