Lukman vs Nilavarneesa
2024 Latest Caselaw 31183 Ker

Kerala High Court

Lukman vs Nilavarneesa on 1 November, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

Crl.Rev.Pet No.1168/2019                         1/2

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             PRESENT
                           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
            Friday, the 1st day of November 2024 / 10th Karthika, 1946
               CRL.M.APPL.NO.1/2019 IN CRL.REV.PET NO. 1168 OF 2019
            MC 46/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHITTUR
              CRA 230/2016 OF ADDITIONAL SESSIONS COURT II,PALAKKAD
   PETITIONER/REVISION PETITIONER:

           LUKMAN, S/O.KIDER RAWTHER, AGED 50, PALLITHODIKALAM, KARIPALI POST,
           PATTENCHERY, CHITTUR, PALAKKAD 678532.

   RESPONDENTS/RESPONDENTS:

       1. NILAVARNEESA, D/O.SAIDU MUHAMMED, AGED 43, PARUTHIKATTUMADA,
          MALLANKKULAMBU, VANDHITHAVALAM POST, CHITTUR TALUK-678534.
       2. FATHIMA ANEESHA, D/O.NILAVARNEESA, AGED 20, PALLITHODIKALAM,
          KARIPALI POST, PATTENCHERY, CHITTUR, PALAKKAD-678532, NOW RESIDING
          AT PARUTHIKATTUMADA, MALLANKULAMBU, VANDITHAVALAM POST, CHITTUR
          TALUK - 678534.
       3. HASEENA (MINOR), D/O.NILAVARNEESA, AGED 15, REP. BY HER MOTHER,
          NILAVARNEESA, W/O. LUKMAN, PALLITHODIKALAM, KARIPALI POST,
          PATTENCHERY, CHITTUR, PALAKKAD, 678532, NOW RESIDING AT K.K.
          APARTMENTS, KARIPODE, CHITTUR, PALAKKAD - 678534.
       4. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM.

        Application praying that in the circumstances stated therein the
   High Court be pleased to stay the execution of order dated 30.03.2016
   passed in MC No.46/2015 on the file of Judicial First Class Magistrate
   Court, Chittur, which is enhanced/modified by Judgment dated 30.07.2019
   passed in Crl.A.No.230/2016 on the file of II Addl.Sessions Court,
   Palakkad, pending disposal of the above revision petition.

        This Application again coming on for orders on 1.11.2024, upon
   perusing the application and this Court's previous order dated 03.09.2024
   and upon hearing the arguments of M/S.SAJAN VARGHEESE K., LIJU. M.P, JOPHY
   POTHEN KANDANKARY, Advocates for the petitioner, and of Sri. T.U. SUJITH
   KUMAR, Advocate for the first respondent, and of Sri. HARIDAS R., Advocate
   for the second respondent, and of the PUBLIC PROSECUTOR for the fourth
   respondent, the Court passed the following:
 Crl.Rev.Pet No.1168/2019                     2/2

                                        ORDER

It is made clear that if the petitioner is not complying with the direction dated 30/3/2016 directing the petitioner to pay Rs.2000/- to the 1st respondent, the interim order shall stand vacated. If the petitioner is continuing to pay Rs.2,000/- per month as directed by the trial court, the interim order will stand extended for a period of three months. It is made clear that, if there is any default in paying the amount of Rs.2,000/- as long as the order of the trial court is in force, the order of stay will automatically vacated and the trial court can proceed in accordance with law.

Post for hearing.

Sd/- P.V.KUNHIKRISHNAN JUDGE

01-11-2024 /True Copy/ Assistant Registrar