Kerala High Court
Linto C.J vs Mery Ann on 20 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 20TH DAY OF AUGUST 2025 / 29TH SRAVANA, 1947
OP(CRL.) NO. 512 OF 2025
AGAINST THE ORDER DATED 23.07.2025 IN CRL.MP.NO.3/2025 IN MC
NO.492 OF 2021 OF FAMILY COURT,THRISSUR
PETITIONER/RESPONDENT:
LINTO C.J.
AGED 38 YEARS
S/O JOSE, CHIRAYATHUMANJIYIL HOUSE, NETTISSERY P.O.,
MUKKATTUKARA DESOM, OLLUKKARA VILLAGE, LITTLE FLOWER
ROAD, THRISSUR TALUK, THRISSUR DISTRICT, PIN - 680586
BY ADVS.
SHRI.RAMAKRISHNAN M.N.
SRI.K.C.MINESH KUMAR
RESPONDENTS/PETITIONERS:
1 MERY ANN
AGED 34 YEARS
D/O RAJAN, KURUTHUKULAM HOUSE, VADUKKARA P.O., VILLAGE
& DESAM, THRISSUR TALUK, THRISSUR DISTRICT, PIN -
680007
2 ALBI C.L. (MINOR)
AGED 10 YEARS
S/O LINTO, KURUTHUKULAM HOUSE, VADUKKARA PO, VILLAGE &
DESOM, THRISSUR TALUK, THRISSUR DISTRICT, REP. BY
MOTHER (1ST RESPONDENT) MERY ANN, PIN - 680007
3 ALINA C.L. (MINOR)
AGED 9 YEARS
D/O LINTO, KURUTHUKULAM HOUSE, VADUKKARA PO, VILLAGE &
DESOM, THRISSUR TALUK, THRISSUR DISTRICT, REP. BY
MOTHER (1ST RESPONDENT) MERY ANN, PIN - 680007
OP(CRL.) NO.512 OF 2025
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BY ADVS.
SRI.K.R.ARUN KRISHNAN
SMT.DEEPA K.RADHAKRISHNAN
SHRI.VISHAK K.V.
SMT.S.SEETHA, SR.GP
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON
20.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) NO.512 OF 2025
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P.V.KUNHIKRISHNAN,J.
---------------------
OP(CRL.) No.512 of 2025
---------------------------
Dated this the 20th day of August, 2025
JUDGMENT
This original petition (criminal) is filed with the
following prayers:-
"i) set aside the Order dated 23.07.2025 in Crl MP
3/2025 in MC 492/2021 in the files of the Family
Court Thrissur;
ii) set aside the Distress warrant issued against the
Tahsildar Thrissur, without any prior notice,
directing to seize the jewellery articles from the
Petitioner's partnership business;
iii) permit the Petitioner to produce the
certified/carbon copy of the Order dated
23.07.2025 as and when issued by the Family
court, Thrissur; and
iv) pass such other orders as this Honourable Court
deems fit in the facts and circumstance of the
case." (SIC).
2. The petitioner is aggrieved by an order passed by
the Family Court, Thrissur whereby Distress Warrant is
issued to seize the articles in the jewellery, in which the
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petitioner is a partner for realisation of the amount in
arrears of maintenance due as per the order in
M.C.No.492/2021 of the Family Court, Thrissur.
3. When this Original Petition (Criminal) came up for
consideration before this Court on 01.08.2025, this Court
passed the following order:-
"Admit.
Issue notice to the respondents.
The petitioner will also give notice to the counsel
appearing for the respondents before the Family
Court and file a memo within ten days.
Coercive steps against the petitioner shall be
deferred for a period of two months."
4. Today, the respondents also appears through a
counsel.
5. Heard the learned counsel for the petitioner and
the learned counsel appearing for the respondents.
6. The learned counsel for the petitioner submitted
that he is regularly paying the amount and for clearing the
arrears of maintenance, he wants some time. The learned
counsel appearing for the respondents submitted that the
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arrears of maintenance is now about Rs.5,30,000/-. To show
the bona fides, the petitioner should deposit some amount
and thereafter, there can be a direction to the Family Court,
Thrissur to consider the request of the petitioner for
instalment facility.
Therefore, this Original Petition (Criminal) is disposed
of with the following directions:-
(I) The petitioner shall deposit / pay directly to the
respondents an amount of Rs.75,000/- (Rupees Seventy
Five Thousand only) within 20 days from today.
(II) The petitioner is also free to file an application
before the Family Court, Thrissur for getting instalment
facility to pay the balance arrears of maintenance. If such
an application is filed within two weeks from the date of
receipt of a copy of this judgment, the Family Court,
Thrissur will consider the same and pass appropriate
orders.
(III) If no application as directed above is filed and the
amount is not paid as directed above, the Family Court,
Thrissur can proceed with the execution proceedings, in
accordance with law.
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(IV) If the amount is paid as directed above and the
application is filed as directed above, the coercive steps
based on the order dated 23.07.2025 in
Crl.M.P.No.3/2025 in M.C.No.492/2021 shall be deferred
by the Family Court, Thrissur till orders are passed in the
application filed by the petitioner.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
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APPENDIX OF OP(CRL.) 512/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION DATED
09.10.2021 IN MC 492/2021 OF FAMILY
COURT, THRISSUR
EXHIBIT P2 TRUE COPY OF THE COUNTER DATED
16.10.2023 IN MC 492/2021 OF FAMILY
COURT, THRISSUR
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
06.092024 IN MC NO.492/2021 ON THE
FILES OF FAMILY COURT, THRISSUR
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 11.03.2025
IN RPFC 28/2025 OF HON'BLE HIGH COURT
OF KERALA
EXHIBIT P5 TRUE COPY OF THE PETITION DATED
03.01.2025 NUMBERED CRL MP 3/2025 IN MC
NO.492/2021 ON THE FILES OF FAMILY
COURT, THRISSUR
EXHIBIT P6 TRUE COPY OF THE MONEY ORDER PAYMENT
DATED 19.02.2025 TO RESPONDENT VIA
INDIA POST
EXHIBIT P6(A) TRUE COPY OF THE MEMO OF PAYMENT DATED
19.03.2025
EXHIBIT P6(B) TRUE COPY OF THE MEMO OF PAYMENT DATED
22.05.2025
EXHIBIT P6(C) TRUE COPY OF THE MEMO OF PAYMENT DATED
23.07.2025
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 23.07.2025
AS FROM THE PROCEEDINGS OF FAMILY COURT
THRISSUR
