Kerala High Court
Anisha P.P vs Rajesh K.K on 14 August, 2025
2025:KER:61502
O.P(Crl) No.194 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 14TH DAY OF AUGUST 2025 / 23RD SRAVANA, 1947
OP(CRL.) NO. 194 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.10 OF 2021
OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,THALASSERY
PETITIONER/PETITIONER:
ANISHA P.P
AGED 38 YEARS,
D/O. KUNHIKANNAN, SHIVAM HOUSE, PANOOR AMSOM,
PUTHOOR DESOM, KANNUR DISTRICT., PIN - 670692
BY ADVS.
SRI.C.P.PEETHAMBARAN
SMT.KARTHIKA PEETHAMBARAN
SMT.NEERAJA VENUGOPAL
SHRI.ARJUN J DAS
SMT.DIVYA VARGHESE
RESPONDENT/RESPONDENT:
RAJESH K.K
AGED 44 YEARS
S/O. RAGHAVAN, KUDULLA KARAMMAL HOUSE, P.O.
CHERUVANCHERI, KANNUR DISTRICT., PIN - 670650
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
14.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P(Crl) No.194 of 2025
2
JUDGMENT
The aggrieved person/petitioner in M.C No.10/2021 on
the files of the Additional Chief Judicial Magistrate Court,
Thalassery, has filed this Original Petition under Article 227 of
the Constitution of India, for a direction to the learned
Magistrate to dispose of the aforesaid case within a time frame
to be fixed by this Court. As the second prayer, the petitioner
sought a direction to the learned Magistrate to take immediate
steps to recover the entire arrears of interim maintenance
ordered by the said Court as per order dated 25.11.2021 in CMP
No.552/2021.
2. On 22.04.2025, this Court directed the Registry to
get a report from the learned Additional Chief Judicial Magistrate,
Thalassery, as to the time required for the disposal of the
aforesaid M.C. In response to the above direction, the learned
Magistrate sent a letter dated 19.05.2025 stating that the said
case was earlier allowed ex parte, and that in a petition filed by
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the respondent to set aside the ex parte order, it was directed to
deposit 25% of the arrears of maintenance. It is further stated
in the aforesaid letter that the respondent had deposited
Rs.30,000/-, but the petitioner was not ready to receive the said
amount, and the case is now posted for deposit of balance
amount of arrears of maintenance to 20.05.2025.
2. Heard the learned counsel for the petitioner. Though
the respondent has been duly served with notice, he did not
turn up.
3. It has to be stated that the response of the learned
Additional Chief Judicial Magistrate to the direction issued from
this Court, is totally unsatisfactory. Though it was ordered that
the learned Magistrate should report the time required for the
disposal of the aforesaid MC, nothing has been stated in his
letter dated 19.05.2025, on that aspect. As per the report of the
learned Magistrate, CMP No.3797/2024 filed for setting aside the
ex parte order was allowed subject to deposit of 25% of arrears
of maintenance, and the respondent deposited Rs.30,000/-.
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Obviously it was not 25% of the amount ordered to be
deposited, and hence the case was posted to 20.05.2025 for
deposit of balance amount. It seems that no time limit was fixed
for the deposit of amount, and the proceedings are being
protracted.
4. The learned counsel for the petitioner submitted that
so far the arrears of maintenance have not been deposited by
the respondent though the challenge which the respondent
raised against the aforesaid order was disallowed by the
Appellate Court. It is further submitted that the petitioner is now
striving hard and put to severe hardships due to the inability to
find means for her livelihood.
Having regard to the above facts and circumstances of
the case, I deem it appropriate to dispose of this Original Petition
with the following directions:
(i) The Additional Chief Judicial Magistrate Court,
Thalassery, is directed to take immediate steps to ensure that
the entire arrears of interim maintenance which stood due as on
the date of ex parte order of disposal of that M.C, is recovered
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and released to the petitioner.
(ii) The Additional Chief Judicial Magistrate Court,
Thalassery, is further directed that if M.C No.10/2021 is restored,
it shall be disposed of within a period of two months from the
date of receipt of a copy of this judgment, strictly following the
procedures prescribed, and deciding the matter on merit.
Sd/-G.GIRISH
JUDGE
ma/14.08.2025
/True copy/
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APPENDIX OF OP(CRL.) 194/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE M.C. NO. 10/2021 DATED
20.4.2021 FILED BY THE PETITIONER BEFORE
THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, THALASSERY
Exhibit P2 TRUE COPY OF THE CMP NO. 552/2021 IN
M.C. NO. 10/2021 DATED 20.4.2021 FILED
BY THE PETITIONER BEFORE THE ADDITIONAL
CHIEF JUDICIAL MAGISTRATE COURT,
THALASSERY
Exhibit P3 TRUE COPY OF THE COUNTER FILED BY THE
RESPONDENT DATED AUGUST 2021 IN CMP NO.
552/2021 IN M.C. NO. 10/2021 BEFORE THE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, THALASSERY
Exhibit P4 TRUE COPY OF THE ORDER DATED 25/11/2021
IN CMP NO. 552/2021 IN M.C. NO. 10/2021
OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, THALASSERY
Exhibit P5 TRUE COPY OF THE ORDER DATED 7/12/2022
IN CMP NO. 1811/2022 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE COURT, THALASSERY
Exhibit P6 TRUE COPY OF THE RELEVANT PORTION OF THE
DNA TEST RESULT DATED 23/2/2023 ISSUED
BY THE RAJIV GANDHI CENTRE FOR
BIOTECHNOLOGY, THIRUVANANTHAPURAM
Exhibit P7 TRUE COPY OF THE ORDER DATED 25/9/2024
IN M.C. NO. 10/2021 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE COURT, THALASSERY
Exhibit P8 TRUE COPY OF THE ORDER DATED 6/2/2025 IN
CMP NO. 3797/2024 IN M.C. NO. 10/2021 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE
COURT, THALASSERY
