Kerala High Court
Suresh S vs Agasthya S on 27 June, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
OP(CRL.) NO. 481 OF 2024
AGAINST THE ORDER DATED 10.08.2024 IN MC NO.21 OF 2023 OF FAMILY
COURT, THIRUVALLA
PETITIONER/ RESPONDENT :
SURESH S.
AGED 52 YEARS, S/O SURENDRAN NAIR,
ARACKAL KALAYIL HOUSE, PUTHUSERIMALA P.O.,
RANNY VILLAGE, RANNY TALUK,
PATHANAMTHITTA DISTRICT,
PIN - 689672
BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)
RESPONDENT/ PETITIONER :
AGASTHYA S.
AGED 12 YEARS, S/O PONNAMBILI P.,
KOLOMACJ MEPURATHU HOUSE, PADIMON P.O.,
MALLAPPALLY VILLAGE, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT REPRESENTED BY HIS
MOTHER NEXT FRIEND AND GUARDIAN,
PONNAMBILI P, AGED 38 YEARS,
D/O SOMASEKHARAN PILLAI, KOLOMACJ MEPURATHU HOUSE,
PADIMON P.O., MALLAPPALLY VILLAGE,
MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT,
PIN - 689 587
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 481 OF 2024
2
BECHU KURIAN THOMAS, J.
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O.P.(Crl.) No.481 of 2024
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Dated this the 27th day of June, 2024
JUDGMENT
Petitioner was the respondent in M.C.No.21 of 2023 before the
Family Court, Thiruvalla. By an order dated 10.08.2023, petitioner
was set ex-parte and an order was issued directing the petitioner to
pay Rs.25,000/- per month as monthly maintenance to the
respondent till he attains majority. On 05.09.2023, petitioner filed
an application for setting aside the ex-parte decree. According to
the petitioner, till date, the said petition has not been disposed of.
It is also submitted that even though petitioner expressed his
willingness to settle the matter through mediation, the court has not
considered the said request as well.
2. Considering the nature of order that I propose to issue,
notice to the respondent is dispensed with.
3. Since the application for setting aside the ex-parte order is
pending consideration from September 2023 onwards, it is essential
that the said application be disposed of in a time bound manner.
4. Accordingly, there will be a direction to the Family Court,
OP(CRL.) NO. 481 OF 2024
Thiruvalla to consider and pass appropriate orders on
Crl.M.P.No.333 of 2023 in M.C.No.21 of 2023 on the files of the
Family Court, Thiruvalla, as expeditiously as possible, in a time
bound manner, within an outer time limit of three months from the
date of receipt of a copy of this judgment.
Needless to mention, the Family Court will bear in mind the
expression of interest made by the petitioner to settle the matter,
bearing in mind the decisions in Vishal G.Nair and Others v.
Sreedevi P S. [2019 (5) KHC 323] and Abraham Thomas
Puthooran v. Manju Abraham and Another [2022 (1) KHC
360].
The original petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
OP(CRL.) NO. 481 OF 2024
APPENDIX OF OP(CRL.) 481/2024
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF PETITION IN MC NO. .
21/2023 OF FAMILY COURT, THIRUVALLA DATED
27.03.2023
Exhibit P2 THE COPY OF ORDER IN MC NO. 21/2023 OF THE
FAMILY COURT, TIRUVALLA DATED 10.08.2023
Exhibit P3 THE COPY OF CRL RP NO. 333/2023 IN MC
21/2023 DATED 05.09.2023 OF FAMILY COURT,
THIRUVALLA
Exhibit P4 THE TRUE COPY OF DECREE ALONG WITH
COMPROMISE PETITION IN OP NO. 51/2018 OF
FAMILY COURT, THIRUVALLA DATED 27.07.2019
Exhibit P5 THE COPY OF CR MP NO. 23/2024 IN MC NO.
21/2023 DATED 16.01.2024
