Kerala High Court
Gipson Peter @ Roshan vs State Of Kerala on 24 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:70857
OP(CRL.) NO. 662 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
OP(CRL.) NO. 662 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.42 OF 2020 OF
FAMILY COURT,ERNAKULAM
PETITIONER/RESPONDENT :
GIPSON PETER @ ROSHAN
AGED 34 YEARS
S/O.JAISON JOSEPH, POTHAMPILLY HOUSE, SDPY ROAD,
PALLURUTHY.P.O, ERNAKULAM-682 007.
NOW RESIDING AT ANCHUTHYKAL HOUSE, SAUDI.P.O,
BEACH ROAD, THOPPUMPADY.PO, ERNAKULAM, PIN - 682 006.
BY ADVS.
S.SUNIL KUMAR (PALAKKAD)
LEKSHMI S.SEKHER
K.J.SUNIL
FEMY M.ANTONY
VISHNU MOHAN DEV
RESPONDENT/STATE AND PETITIONER :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 011.
2 KRISHNENDU.T.S., AGED 32 YEARS
D/O.UNNIKRISHNAN.T.K, THULAMPARAMBIL HOUSE,
CHERANELLORE.P.O, ERNAKULAM-682034.
NOW RESIDING AT CMC NO-36/388, PANAMPILLY NAGAR,
ELAMKULAM VILLAGE, KANYANNOOR TALUK, ERNAKULAM 682036.
3 JUAN GIPSON, AGED 9 YEARS
S/O.GIPSON PETER, REPRESENTED BY GUARDIAN AND MOTHER-
KRISHNENDU.T.S, AGED 32 YEARS, D/O.UNNIKRISHNAN.T.K,
CMC NO-36/388, PANAMPILLY NAGAR, ELAMKULAM VILLAGE,
KANYANNOOR TALUK, ERNAKULAM, PIN - 682 036.
SRI. C.N. PRABHAKARAN (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(CRL.) NO. 662 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
O.P.(Crl.) No.662 of 2024
...................................................
Dated this the 24th day of September, 2024
JUDGMENT
The limited relief sought for by the petitioner is for a direction to
dispose of Ext.P4 and Ext.P5 miscellaneous petitions pending before the
Family Court, Ernakulam.
2. Petitioner was the respondent in M.C.No.42/2020, which was filed by
respondents 2 and 3 herein. By order dated 30.09.2021, the Family
Court, set the petitioner ex parte, and directed monthly maintenance of
Rs.15,000/- to be paid to the wife and Rs.30,000/- to the minor child,
aged 5 years (now aged 7 years). Petitioner alleges that he could not
participate in the proceedings midway since he had in the meantime
traveled to the Gulf countries, and due to Covid-19 restrictions, he could
not return or even obtain employment.
3. Petitioner alleges that in the meantime, the ex parte order was passed
and he is now faced with coercive proceedings. Immediately, on coming
to know about the ex parte order, he filed an application to set aside
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OP(CRL.) NO. 662 OF 2024
the same along with a petition to condone the delay of 875 days, which
application is pending consideration.
4. Considering the nature of order that I propose to issue, notice to
respondents is dispensed with. Having heard the learned counsel for the
petitioner, I am of the view that this original petition can be disposed of
with a direction.
5. The petition to condone the delay of 875 days was filed only on
12.09.2024 though the application is dated 31.08.2024. Since, the
application is filed only 12 days before, it is not proper for this Court to
issue any direction for a speedy consideration. However, if the
petitioner deposits an amount of Rs.2,00,000/- in two instalments, with
the Family Court, Ernakulam towards maintenance of his wife and child,
the Family Court shall consider the application for condonation of delay
without undue delay.
6. Accordingly, there will be a direction to the Family Court, Ernakulam to
consider and pass appropriate orders on Ext.P4 and Ext.P5 applications
filed by the petitioner in M.C.No.42/2020, within an outer period of
three months, on condition that petitioner deposits an amount of
Rs.1,00,000/- [Rupees One Lakh only] towards the maintenance payable
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OP(CRL.) NO. 662 OF 2024
on or before 04.10.2024 and a further sum of Rs.1,00,000/- [Rupees One
Lakh only] on or before 30.10.2024. If the amounts are deposited,
respondents will be at liberty to withdraw the same.
7. It is clarified that, if in case the petitioner makes any default in payment
of any of the above instalments, the direction to dispose of the
applications in a time bound manner shall stand vacated.
8. To enable the petitioner to abide by the directions as mentioned above,
further proceedings in CMP No.34/2023 shall be kept in abeyance for a
period of three months subject to the above.
The original petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/25/09/2024
2024:KER:70857
OP(CRL.) NO. 662 OF 2024
APPENDIX OF OP(CRL.) 662/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MC NO-42 OF 2020 FILED
BEFORE THE HONBLE FAMILY COURT, ERNAKULAM
EXHIBIT P2 TRUE COPY OF THE ORDER IN MC NO-42 OF 2020 OF
HONBLE FAMILY COURT, ERNAKULAM DATED
30.09.2021
EXHIBIT P3 TRUE COPY OF THE CMP NO-34/2023 IN MC NO-42
OF 2020 FILED BEFORE HONBLE FAMILY COURT,
ERNAKULAM
EXHIBIT P4 TRUE COPY OF THE CMP NO-268/2024 IN MC NO-42
OF 2020 FILED BEFORE HONBLE FAMILY COURT,
ERNAKULAM
EXHIBIT P5 TRUE COPY OF THE CMP NO-630/2024 IN MC NO-42
OF 2020 FILED BEFORE HONBLE FAMILY COURT,
ERNAKULAM
