Kerala High Court
Iqbal Va vs Irfana T.S on 8 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
OP(CRL.) NO. 675 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
OP(CRL.) NO. 675 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.9 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI
PETITIONER/RESPONDENT :
IQBAL V.A., AGED 32 YEARS
DOOR NO 3/187, VALLIKULANGARA HOUSE,
PENAVEEDU ROAD, MADAVANA,
PANANGAD, ERNAKULAM, PIN - 682 506.
BY ADVS.
SUSHANTH.J.
MISNA SALEEM
P.SANKARAN NAMPOOTHIRI
RESPONDENTS/PETITIONER :
1 IRFANA T.S., AGED 29 YEARS
CC 13/1192, R.K. PILLAI ROAD,
KARUVELIPADY, THOPPUMPADY P.O.,
ERNAKULAM, PIN - 682 005.
2 IZZAH MARYAM V I
REPRESENTED BY MOTHER IRFANA T S
AGED 2 YEARS
CC 13/1192, KARUVELIPADY,
R.K. PILLAI ROAD,
THOPPUMPADY, PIN - 682 005.
3 H R MANAGER( GARNISHEE)
L & T, MINDTREE, BLOCK -A, D.L.F.I.T PARK,
SEZ CAMPUS, 1/124, SHIVAJI GARDENS,
MANAPAKKAM, MOUNT PUNAMALEE ROAD,
CHENNAI, PIN - 600 089.
OP(CRL.) NO. 675 OF 2024
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4 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
5 ARIFA V.M., AGED 53 YEARS
DOOR NO.3/187, VALLIKULANGARA HOUSE,
PENAVEEDU ROAD, MADAVANA, PANANGAD,
ERNAKULAM - 682 506.
NOW RESIDING AT ANJALI NIVAS,
KEERTHI LANE, KANNADA KADU,
CHAMBAKARA CROSS ROAD,
MARADU P.O, PIN - 682 304.
6 ABDU V.M., AGED 62 YEARS
DOOR NO.3/187, VALLIKULANGARA HOUSE,
PENAVEEDU ROAD, MADAVANA,
PANANGAD, ERNAKULAM, 682506
NOW RESIDING AT ANJALI NIVAS,
KEERTHI LANE, KANNADA KADU,
CHAMBAKARA CROSS ROAD,
MARADU P.O, PIN - 682 304.
BY ADVS.
GAYATHRI MURALEEDHARAN
ARATHY P.(K/003158/2022)
ARCHANA B.(K/3068/2022)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08.11.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 675 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
O.P.(Crl.) No.675 of 2024
...................................................
Dated this the 8th day of November, 2024
JUDGMENT
Petitioner challenges the order dated 13.08.2024 in CMP No.1597/2024
in M.C.No.9/2022 on the files of the Judicial First Class Magistrate
Court-II, Kochi.
2. Except for two documents produced by the petitioner, there is nothing
on record to indicate the nature of dispute that has now been raised in
this original petition. However, it is noticed from Ext.P1 that the
employer of the petitioner has been directed to deduct an amount from
his salary and payable towards monthly maintenance due to his wife and
minor child. It is evident from Ext.P2 that an amount of Rs.15,000/- is
being proposed to be deducted from the salary of the petitioner towards
the order of maintenance in M.C.No.9/2022.
3. Smt.Gayathri Muraleedharan, the learned counsel for the respondents 1
and 2, submitted that no amount of maintenance due to respondents 1
and 2 have been paid by the petitioner despite the order of maintenance
having been confirmed by the appellate court.
OP(CRL.) NO. 675 OF 2024
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4. Having regard to the above circumstances, I find no reason to interfere
with the impugned order especially since maintenance ordered by the
Judicial First Class Magistrate Court-II, Kochi has been confirmed by the
Additional Sessions Court-I, Ernakulam in Crl.Appeal No.297/2023.
Accordingly this original petition is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/08/11/2024
OP(CRL.) NO. 675 OF 2024
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APPENDIX OF OP(CRL.) 675/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SAID ORDER ISSUED BY THE
JUDICIAL FIRST CLASS MAGISTRATE II KOCHI IN
CMP NO 1597 / 2024 IN MC 9/2022 DATED
13-08-2024.
EXHIBIT P2 TRUE COPY OF THE OFFICIAL MEMORANDUM DATED
30-08-2024 ISSUED TO THE 2ND RESPONDENT BY
THE OFFICE OF THE JUDICIAL FIRST CLASS
MAGISTRATE 2, KOCHI.
