Kerala High Court
Vishnu G Ashok vs Ashu Vijayan on 11 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:69642
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
OP(CRL.) NO. 463 OF 2024
AGAINST THE ORDER DATED 03.10.2022 IN M.C.NO.153/2018 ON
THE FILES OF THE FAMILY COURT, ALAPPUZH
NOW PENDING AS M.C.NO.466 OF 2018 OF FAMILY
COURT,ERNAKULAM
PETITIONER/RESPONDENT:
VISHNU G ASHOK
AGED 35 YEARS
S/O. ASHOK KUMAR,
RESIDING AT PARAYAN PARAMBIL HOUSE,
AVALOOKUNNU P.O., ARYAD SOUTH,
AMBALAPPUZHA TALUK,
ALAPPUZHA DISTRICT, PIN - 688006
BY ADVS.
N.S.HASNA MOL
SUDHEER K.K.
KHADEEJA RISHBATH KALLINGAL
RESPONDENTS/PETITIONERS:
1 ASHU VIJAYAN,
AGED 33 YEARS, D/O. VIJAYAN,
VRLA 48, VATTAPPARAMBU WEST LANE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682312
2 KSHETRA VISHNU,
AGED 8 YEARS, MINOR,
D/O. ASHU VIJAYAN,
VRLA 48, VATTAPPARAMBU WEST LINE,
KANAYANNUR TALUK, ERNAKULAM,
REPRESENTED BY 1ST RESPONDENT MOTHER, PIN - 682312
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON 11.09.2024 DELIVERED THE FOLLOWING:
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O.P.(Crl.) No.463 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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O.P.(Crl.) No.463 of 2024
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Dated this the 11th day of September, 2024
JUDGMENT
Petitioner is the former husband of the first respondent.
Petitioner was directed to pay an interim maintenance at the rate of
Rs.10,000/- per month to the second respondent in M.C.No.153/2018 on
the files of the Family Court, Alappuzha. Despite the said order, petitioner
failed to pay any amount towards maintenance, and hence, an
application was filed to restrain him from leaving the country without
clearing the arrears till 2022. It is alleged that as on the said date, an
amount of Rs.4,21,000/- is due to the second respondent. Pursuant to
the above application, the Family Court, Alappuzha, by the impugned
order, prohibited the petitioner from leaving the country without paying
the arrears of maintenance awarded and also directed him to surrender
his passport.
2. Smt. N.S.Hasna Mol, the learned counsel for the petitioner,
while assailing the impugned order dated 03.10.2022 submitted that
petitioner has now obtained an employment abroad, and he will be able
to clear the entire arrears, if he is permitted to travel abroad and join the
said employment. It is submitted that on account of the impugned order,
he is unable to undertake the travel or even pursue his prospects in
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employment thereby prejudicing him seriously.
3. When the case came up for consideration, this Court issued
notice to the respondents. Since it returned with the endorsement 'not
known', petitioner was directed to take out notice by special messenger.
The endorsement from the special messenger indicates that notice has
been served on respondents 1 and 2. A perusal of the affidavit shown in
the cause title reveals that the same tallies with what is shown in the
impugned order. Thus, I proceed to consider the matter, deeming that
notices having been served on the respondents.
4. The total liability due to the respondent as of now is around
6,70,000/-. The Family Court has prohibited the petitioner from leaving
the country without paying the arrears of maintenance. Considering the
peculiar circumstances, I am of the view that leniency can be shown,
provided petitioner deposits a portion of the maintenance and also
furnishes sufficient security for the balance amount. The said indulgence
can be shown to enable the petitioner to pursue his prospects abroad and
thereafter to clear the entire arrears and continue the payment as
directed by the Family Court.
5. Hence, the impugned order dated 03.10.2022 in
Crl.M.P.No.171/2022 in M.C.No.153/2018 on the files of the Family Court,
Alappuzha (now pending as M.C.No.466/2018 on the files of the Family
Court, Ernakulam) is hereby set aside on condition that petitioner deposit
before the Family Court an amount of Rs.2,50,000/- on or before
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21.10.2024 and furnish a bank guarantee for Rs.4,00,000/- before the
Jurisdictional Court where the case is presently being tried. On such a
deposit being made, petitioner will be permitted to procure a passport
and apply for permission from the trial court to leave the country. If the
above conditions are satisfied, the Family Court shall permit the
petitioner to travel abroad on appropriate other conditions.
This original petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/11.09.24.
2024:KER:69642
APPENDIX OF OP(CRL.) 463/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF CRL.MP. NO.171/2022 IN M.C.
NO. 153/2018 FILED BY THE RESPONDENT
BEFORE THE FAMILY COURT, ALAPUZHA
Exhibit P2 TRUE COPY OF THE ORDER DATED 3.10.2022 IN
CRL.MP. NO.171/2022 IN M.C. NO. 153/2018
OF THE FAMILY COURT, ALAPUZHA
Exhibit P3 TRUE COPY OF THE NOTICE DATED 22.5.2024
ISSUED BY THE REGIONAL PASSPORT OFFICE,
ERNAKULAM
