Kerala High Court
Abey George vs Elizabeth on 31 May, 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
OP(CRL.) NO. 424 OF 2024
MC NO.93 OF 2017 OF FAMILY COURT, PATHANAMTHITTA
PETITIONER :
ABEY GEORGE
AGED 63 YEARS
S/O. GEORGE, PENIEL HOUSE,
KADAMPANAD NORTH MURI, KADAMPANAD VILLAGE,
ADOOR TALUK, PATHANAMTHITTA,
PIN - 691523
BY ADV BONNY BENNY
RESPONDENT :
ELIZABETH
W/O ABY GEORGE, KURUMPILATH HOUSE,
KADAMPANAD NORTYH MURI, KADAMPANAD VILLAGE,
ADOOR TALUK, PATHANAMTHITTA,
PIN - 691 523
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 424 OF 2024
2
BECHU KURIAN THOMAS, J.
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O.P.(Crl.) No.424 of 2024
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Dated this the 31st day of May, 2024
JUDGMENT
Petitioner is the husband who was directed to pay an interim
maintenance amount of Rs.20,000/- to the respondent. The challenge
against the said order was rejected by order dated 19.12.2023 in R.P.
(F.C) No.125 of 2020. In the concluding portion of the judgment, on the
request of the petitioner, a breathing time was granted to him to pay the
entire arrears in three instalments, the last of which fell on 19.03.2024.
In the meantime, the petitioner has preferred an application for
modification of the order of interim maintenance, which is pending.
Petitioner seeks for a direction to dispose of the said application in a time
bound manner.
2. On a perusal of the order of this Court in R.P.(F.C) No.125 of
2020, produced as Ext.P4, it is seen that the last date of payment of the
arrears ought to have been effected on 19.03.2024. Admittedly, the
arrears have not been cleared completely nor has the petitioner paid any
one of the instalments. In such circumstances, petitioner cannot seek
OP(CRL.) NO. 424 OF 2024
any equitable remedy from this Court.
Therefore, the request for a direction to expeditiously consider his
application for modification cannot be granted.
Accordingly, this original petition is dismissed.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
OP(CRL.) NO. 424 OF 2024
APPENDIX OF OP(CRL.) 424/2024
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE APPLICATION FILED UNDER
SECTION 127(1) OF THE CR P C FOR MODIFYING/
SETTING ASIDE THE ORDER DATED 04.01.2020 AS
PER CMP NO.1/2022 IN MC NO.93/2017 DATED
18.08.2022
Exhibit P2 THE TRUE COPY OF THE INTERIM ORDER IN CRL.M
APPL.NO.2/2020 IN RP(FC) NO. 125/2020 DATED
18.02.2021
Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT AND
APPLICATION TO KEEP THE EXECUTION PROCEEDINGS
OF CMP NO.33/2020,34/2021,38/2023 AND 52/2022
TILL THE DISPOSAL OF CRL MP NO.1/2022 IN MC
93/2017 BEFORE THE FAMILY COURT,
PATHENAMTHITTA
Exhibit P4 THE TRUE COPY OF THE JUDGEMENT IN RP(FC) NO.
125/2020 DATED 19.12.2023
Exhibit P5 THE TRUE COPY OF THE CRL MP NO.6/2024 IN CMP
NO.33/2020 BEFORE THE FAMILY COURT,
PATHENAMTHITTA DATED 27.04.2024
Exhibit P6 THE TRUE COPY OF THE CRL MP NO.2/2024 IN CMP
NO.34/2021 BEFORE THE FAMILY COURT,
PATHENAMTHITTA DATED 19.01.2024
Exhibit P7 THE TRUE COPY OF THE CRL MP NO.6/2024 IN CMP
NO.52/2022 BEFORE THE FAMILY COURT,
PATHENAMTHITTA DATED 19.01.2024
Exhibit P8 THE TRUE COPY OF THE CRL MP NO.2/2024 IN CMP
NO.38/2023 BEFORE THE FAMILY COURT,
PATHENAMTHITTA DATED 18.01.2024
Exhibit P9 THE TRUE COPY OF THE CRL MP NO.7/2024 IN CMP
NO 52/2023 BEFORE THE FAMILY COURT,
PATHENAMTHITTA DATED 29.04.2024
OP(CRL.) NO. 424 OF 2024
Exhibit P10 THE TRUE COPY OF THE CRL MP NO.3/2024 IN CMP
NO.38/2023 BEFORE THE FAMILY COURT,
PATHENAMTHITTA DATED 29.04.2024
Exhibit P11 THE TRUE COPY OF THE CRL MP NO.7/2024 IN CMP
NO 33/2020 BEFORE THE FAMILY COURT,
PATHENAMTHITTA DATED 29.04.2024
