Kerala High Court
Muhammed Rasheed vs Saifunneesa on 3 October, 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 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
OP(CRL.) NO. 74 OF 2024
AGAINST THE ORDER DATED 23.09.2023 IN MC NO.169 OF 2019 OF
FAMILY COURT, MALAPPURAM
PETITIONER/RESPONDENT:
MUHAMMED RASHEED
AGED 33 YEARS
S/O MUHAMMED, MUDRAKKARAN HOUSE, PANDIKKAD,
CHEMBRASSERI POST, MALAPPURAM DISTRICT, PIN - 679327
BY ADVS.
P.MOHAMED SABAH
SAIPOOJA
RESPONDENTS/PETITIONERS:
1 SAIFUNNEESA
AGED 31 YEARS
W/O MUHAMMED RASHEED, CHENNANKULANGARA HOUSE, WANDOOR,
PALAKKOD, CHANTHANGODE POST, MANJERI VIA, MALAPPURAM
DISTRICT, PIN - 679328
2 FATHIMA RUSHIDA
AGED 4 YEARS
(MINOR), REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN
SARAFUNNEESA, AGED 31, W/O MUHAMMED RASHEED,
CHENNANKULANGARA HOUSE, WANDOOR, PALAKKOD, CHANTHANGODE
POST, MANJERI VIA, MALAPPURAM DISTRICT, PIN - 679328
3 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV K.RAKESH
SRI. NOUSHAD K. A. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CRL.) NO. 74 OF 2024
2
2024:KER:74276
BECHU KURIAN THOMAS, J.
---------------------------------------------
OP (CRL) NO. 74 OF 2024
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Dated this the 3rd day of October, 2024
JUDGMENT
On 21.02.2024, this Court directed the petitioner to be released
from custody immediately on deposit of Rs.50,000/-. Though the amount
was deposited belatedly, still this Court showed indulgence and
continued the interim order. On 08.07.2024, a further deposit of
Rs.50,000/- was also directed to be paid before 02.08.2024. Thereafter,
when the matter came up for consideration, it was not clear whether the
condition was complied with and time was granted to the petitioner to
inform the court whether the condition was in fact complied with. On the
last three postings, petitioner failed to inform the court regarding the
compliance. Today, when the case was taken up, it was submitted that
the petitioner wants to withdraw the original petition.
2. The issue arises under section 125 of the Cr.PC. The Family
Court, Malappuram had directed payment of maintenance to the wife
and child of the petitioner in M.C.No.169/2019. Due to non-payment of
arrears of maintenance, petitioner was directed to be arrested and put in
prison. This petition was filed challenging the detention of the petitioner,
pursuant to his failure to pay the arrears of maintenance. A lenient view
was adopted by this Court initially. on the submission that an installment
OP(CRL.) NO. 74 OF 2024
2024:KER:74276
payment would be made. It is evident that after the payment of
Rs.50,000/- petitioner has defaulted in payment thereafter. Therefore,
the indulgence of this Court cannot be extended any further. Hence, this
Original Petition is dismissed.
The Registry shall communicate this order to the Family Court,
Malappuram, who will be at liberty to proceed against the petitioner in
accordance with law.
sd/-
BECHU KURIAN THOMAS
JUDGE
Nsd
OP(CRL.) NO. 74 OF 2024
2024:KER:74276
APPENDIX OF OP(CRL.) 74/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 27.09.2023 IN
CRL.M.P (EX) NO. 195 OF 2023 IN M.C NO.165 OF
2019 PASSED BY THE FAMILY COURT, MALAPPURAM
Exhibit P2 TRUE COPY OF THE ORDER DATED 10.01.2024 IN OP
(CRL) NO. 14/2024 ON THE FILE OF THE
HONOURABLE HIGH COURT OF KERALA
