Kerala High Court
Johny J Valooran vs Anumol Jose on 25 August, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.).No.565 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 25TH DAY OF AUGUST 2025 / 3RD BHADRA, 1947
OP(CRL.) NO. 565 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 26.06.2025 IN MC NO.85 OF
2024 OF FAMILY COURT,KOZHIKODE
PETITIONER(S)/RESPONDENT IN MC & MP:
JOHNY J VALOORAN
AGED 46 YEARS, S/O. LATE JOSE VALOORAN, VALOORAN (H),
ADAYATH LANE, ELAMAKKARA, KOCHI, PIN - 682026
BY ADVS.
SHRI.C.J.JOY
SMT.SHOBA NAIR
RESPONDENT(S)/PETITIONERS IN MC & MP:
1 ANUMOL JOSE
W/O. JOHNY J VALOORAN, PARUVANANY (H), KARINILAM.P. O.
MUNDAKKAYAM, KOTTAYAM, NOW RESIDING AT FLAT NO.11, ORANGE
CHILD DEVELOPMENT CENTRE-,PARAPPANPOYIL P.O,
THAMARASSERY, KOZHIKODE, PIN - 673573
2 MINOR ANGEL J.
D/O JOHNY VALOORAN, C/O ANUMOL JOSE, D/O JOSEPH V.V.
ORANGE CHILD DEVELOPMENT CENTRE THAZHEPARAPPANPOYIL,
THAMARASSERY P. O. KOZHIKODE(MINOR RESPONDENTS 2 AND 3
REPRESENTED BY MOTHER ANUMOL JOSE, W/O. JOHNY J VALOORAN,
PARUVANANY (H), KARINILAM.P. O. MUNDAKKAYAM, KOTTAYAM,
NOW RESIDING AT FLAT NO.11, ORANGE CHILD DEVELOPMENT
CENTRE-,PARAPPANPOYIL P.O, THAMARASSERY, KOZHIKODE-673573
3 MINOR JEWEL J. VALOORAN,
AGED 11 YEARS, D/O JOHNY VALOORAN,PARUVANANY HOUSE,
KARINILAM P.0. , MUNDAKKAYAM, KOTTAYAM,NOW RESIDING AT
FLAT NO. 11, ORANGE CHILD DEVELOPMENT CENTRE,
O.P.(Crl.).No.565 of 2025
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PARAPPANPOYIL P.O., THAMARASSERY KOZHIKOD(MINOR
RESPONDENTS 2 AND 3 REPRESENTED BY MOTHER ANUMOL JOSE,
W/O. JOHNY J VALOORAN, PARUVANANY (H), KARINILAM.P. O.
MUNDAKKAYAM, KOTTAYAM, NOW RESIDING AT FLAT NO.11, ORANGE
CHILD DEVELOPMENT CENTRE-,PARAPPANPOYIL P.O,
THAMARASSERY, KOZHIKODE-673573
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.08.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).No.565 of 2025
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P.V.KUNHIKRISHNAN, J
---------------------------------------
O.P.(Crl.) No.565 of 2025
----------------------------------------
Dated this the 25th day of August, 2025
JUDGMENT
The above Original Petition (Crl.) is filed seeking the
following reliefs:
"to call the records relating to M.C. No. 85/2024 on the files
of the Family Court, Kozhikode and set aside the Impugned
Order dated 26/6/2025 passed in M.P. No.1/2024 therein, in
the interest of justice." [SIC]
2. The petitioner is aggrieved by Ext.P1 order by which
the Family Court directed the petitioner to pay interim
maintenance to the respondents at the rate of Rs.5,000/- each.
Aggrieved by the same, this Original Petition is filed.
3. Heard the learned counsel appearing for the petitioner
and the respondents.
4. The short point raised by the petitioner is that the
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interim maintenance application is disposed of by the Family
Court without giving an opportunity to file a counter in that
application. The 1st respondent who appeared in person before
this Court submitted that, she is not in a position to live based
on the limited income received from her job.
5. Considering the facts and circumstances of the case, I
think, the Family Court can be directed to reconsider the
application and there can be a direction to the petitioner to file
the counter, if any, within a period of one week.
Therefore, this Original Petition (Crl.) is disposed of with the
following directions:
1. The order dated 26.06.2025 in CMP No.01/2024 in
MC No.85/2024 on the file of the Family Court,
Kozhikode is set aside.
2. The petitioner shall file counter, if any, to CMP
No.01/2024 in MC No.85/2024, within a period of
one week from the date of receipt of a certified
copy of this judgment.
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3. The Family Court, Kozhikode will dispose of CMP
No.01/2024 in MC No.85/2024, within a period of
one month from the date of receipt of the counter
from the petitioner.
4. I make it clear that, I have not considered the
matter on merit and the Family Court, Kozhikode is
free to pass appropriate orders in the interim
maintenance application, in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN,
JUDGE
nvj
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APPENDIX OF OP(CRL.) 565/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER DATED 26/06/2025 IN M.P.
NO. 1/2024 IN M.C. NO. 85/2024 OF FAMILY
COURT KOZHIKODE
EXHIBIT P2 TRUE COPIES OF BILLS/INVOICES EVIDENCING
PURCHASE OF GOLD/ DIAMOND ORNAMENTS BY THE
PETITIONER FOR THE 1ST RESPONDENT (4 NOS.)
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 02/03/2017
ISSUED BY STATE BANK OF TRAVANCORE, ELAMAKKRA
BRANCH FOR TERM DEPOSIT OF RS. 2,00,000/-
MADE BY THE PETITIONER IN THE NAME OF 1ST
RESPONDENT.
EXHIBIT P4 TRUE COPY OF CHEQUE BOOK DETAILS OF THE S.B
ACCOUNT OF THE PETITIONER WITH IDBI BANK,
KACHERIPPADY BRANCH SHOWING 4 DEPOSITS
TOTALING TO RS. 4,50,000/- MADE BY THE
PETITIONER INTO THE S.B ACCOUNT OF THE 1ST
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE 2 PAY -IN- SLIPS EVIDENCING
DEPOSIT OF RS. 2,50,000/- BY THE PETITIONER
INTO THE ACCOUNT OF THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE PASS BOOK DETAILS OF THE
RECURRING DEPOSIT OPENED BY THE PETITIONER IN
THE NAME OF MINOR 2ND RESPONDENT IN IDBI
BANK, KACHERIPPADY BRANCH.
EXHIBIT P6(A) TRUE COPY OF THE PASS BOOK DETAILS OF THE
RECURRING DEPOSIT OPENED BY THE PETITIONER IN
THE NAME OF MINOR 3T RESPONDENT IN IDBI BANK,
KACHERIPPADY BRANCH.
EXHIBIT P7 TRUE COPY OF THE LIFE INSURANCE POLICY
CERTIFICATE OF SBI LIFE PLATINA POLICY NO.
2X779611304 DATED 25/4/2023 IN WHICH MINOR
274 RESPONDENT IS THE NOMINEE.
EXHIBIT P7(A) TRUE COPY OF THE LIFE INSURANCE POLICY
CERTIFICATE OF SBI LIFE SMART PLATINA POLICY
NO. 2X494096102 DATED 17/3/2023 IN WHICH
MINOR 3¢ RESPONDENT IS THE NOMINEE
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EXHIBIT P8 TRUE COPIES OF 26 INVOICES EVIDENCING
PURCHASE OF VARIOUS ITEMS BY THE PETITIONER
FOR THE MINOR 2ND & 3RD RESPONDENT DURING THE
PERIOD FROM 19/6/2024 TO 9/7/2025.
//TRUE COPY//
PA TO JUDGE
