Kerala High Court
S. Venugopalan vs Sheeja M M on 1 August, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:57569
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
ST
FRIDAY, THE 1 DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
OP(CRL.) NO. 495 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 26.06.2025 IN CMP (EX)
NO.326 OF 2024 OF FAMILY COURT, THRISSUR
PETITIONER/RESPONDENT/RESPONDENT:
S. VENUGOPALAN
AGED 61 YEARS
S/O. SUBRAHMANIAN, KAMALA NIVAS, CHELAKKARA VILLAGE
AND P O, CHETTY STREET.THALAPPILLY TALUK, THRISSUR,
PIN - 680586
BY ADVS.
SMT.SINDHU SANTHALINGAM
SHRI.A.D.SHAJAN
SHRI.GEORGE VARGHESE
RESPONDENTS/PETITIONERS/PETITIONERS:
1 SHEEJA M M
AGED 51 YEARS
D/O. P. MURUKAN, MURUKA NIVAS, VENGANELLUR POST,
CHELAKKARA VIA, THALAPPILLY TALUK, THRISSUR.,
PIN - 680586
2 GOPIKA
AGED 22 YEARS
D/O. SHEEJA M M, MURUKA NIVAS, VENGANELLUR POST,
CHELAKKARA VIA, THALAPPILLY TALUK, THRISSUR.,
PIN - 680586
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:57569
OP(CRL.) NO.495 OF 2025
2
P.V. KUNHIKRISHNAN, J.
-----------------------------------
O.P(Crl) No.495 of 2025
-----------------------------------
Dated this the 01st day of August, 2025
JUDGMENT
The above Original Petition (Crl) is filed with the following
prayers:
" a. Call for the records connected with the case.
b. Quash Ext.P8 Order of the Family Court, Thrissur.
c. Declare that Ext. P8 order of the Family Court,
Thrissur, is illegal and arbitrary.
d. Allow the Petitioner to make balance payments in
equal monthly instalments.
e. Declare that the petitioner has no sufficient means to
pay the maintenance of Rs. 3500/- to the 1 st respondent
and Rs. 3000/- to the 2nd respondent per month."
[SIC]
2. The petitioner is challenging the Ext.P8 order, by which
the petitioner is directed to be detained in prison for 84 days for
the non-payment of maintenance arrears under Section 125
Cr.P.C. According to the petitioner, the total amount due is
Rs. 78,000/-. It is submitted that Rs.20,000/- is already paid. Only
the balance amount is to be paid. The petitioner needs some time
to pay the balance amount. Hence, this Original Petition (Crl).
3. Heard the learned counsel for the petitioner.
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OP(CRL.) NO.495 OF 2025
4. The way in which this Original Petition is going to be
dismissed, I think, no notice is necessary to the respondents, if the
respondents are aggrieved by this judgment, they are free to file a
review petition before this court.
5. Petitioner admits the liability. He seeks only some time
to pay the balance amount. Now, as per Ext.P8, coercive step is
taken. Considering the facts and circumstances of the case, I think
the petitioner can be allowed to file an application before the
Family Court seeking some more time to pay the balance amount.
To show the bona fide, the petitioner should deposit an amount of
Rs.25,000/- within two weeks.
Therefore, this Original Petition (Crl) is disposed of with the
following directions:
1. Petitioner is free to file an application before
the Family Court, Thrissur, for getting an
instalment facility to pay the balance amount due
in CMP (Ex) No.326/2024 in MC No.404/2024
within a period of two weeks from the date of
receipt of a certified copy of this judgment.
2. The petitioner shall deposit an amount of
Rs.25,000/- also at the time of filing the
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OP(CRL.) NO.495 OF 2025
application.
3. If the application is filed as directed above,
and the amount is also deposited as stated
above, coercive steps against the petitioner,
based on Ext.P8, shall be deferred till the
application is considered by the Family Court.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
2025:KER:57569
OP(CRL.) NO.495 OF 2025
APPENDIX OF OP(CRL.) 495/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE M C NO. 404/2018 DTD.
18/7/2018 FILED BY THE RESPONDENTS
BEFORE THE FAMILY COURT, THRISSUR
Exhibit P2 A TRUE COPY OF THE ORDER DTD. 29/8/2019
IN M C NO. 404/2018 OF THE FAMILY COURT,
THRISSUR TOGETHER WITH MEDIATION
AGREEMENT
Exhibit P3 A TRUE COPY OF THE PETITION (MC) NO.
369/2021 DTD. 10/9/2021 UNDER SECTION
127(1)(2) OF CR.PC FILED BY THE
PETITIONER
Exhibit P4 A TRUE COPY OF THE M P NO. 463/2022
FILED BY THE RESPONDENTS
Exhibit P5 A TRUE COPY OF THE ORDER DTD. 13/3/2023
IN M P NO. 463/2022 IN M C 404/2018 OF
THE FAMILY COURT, THRISSUR
Exhibit P6 A TRUE COPY OF THE JUDGMENT DTD.
13/9/2023 IN O P(CRL.) 512/2023 OF THE
HON'BLE HIGH COURT OF KERALA
Exhibit P7 A TRUE COPY OF THE EXECUTION PETITION
NO. 326/2024 (EXEC) FILED BY THE
PETITIONER BEFORE THE FAMILY COURT,
THRISSUR
Exhibit P8 Ä TRUE COPY OF THE ORDER DTD. 26/6/2025
ON THE FILE OF THE FAMILY COURT THRISSUR
