Kerala High Court
Suo Motu vs Rincy Thomas on 21 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.RC No.03 of 2024
2025:KER:54127
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 21ST DAY OF JULY 2025 / 30TH ASHADHA, 1947
CRL.RC NO. 3 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 31.10.2023 IN MC
NO.56 OF 2021 OF FAMILY COURT, KATTAPPANA
Criminal Revision Case upon the final order dated
31/10/2023 in MC 56/2021 of Family Court, Kattappana
RESPONDENT(S):
1 RINCY THOMAS
AGED 24 YEARS, D/O. THOMAS, PANDANKALLIL HOUSE,
MUKKUDIYIL KARA, KANTHIPPARA VILLAGE,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT.,
PIN - 685566
2 ALONSO
AGED 1 YEARS, S/O. SIJO THOMAS PANDANKALLIL
HOUSE, MUKKUDIYIL KARA, KANTHIPPARA VILLAGE,
UDUMBANCHOLA TALUK, IDUKKI DISTRICT REPRESENTED
BY HIS MOTHER AND NATURAL GUARDIAN RINCY
THOMAS, AGED 24 YEARS, D/O. THOMAS,
PANDANKALLIL HOUSE, MUKKUDIYIL KARA,
KANTHIPPARA VILLAGE, UDUMBANCHOLA TALUK,
IDUKKI DISTRICT., PIN - 685566
3 SIJO JOSEPH
AGED 39 YEARS, S/O. JOSEPH, VEILARINGATTU
HOUSE, MANNATHARA KARA, VATHIKUDI
VILLAGE,IDUKKI TALUK, IDUKKI DISTRICT.,
PIN - 685604
Crl.RC No.03 of 2024
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BY ADVS.
SRI.C.H.ABDUL RASAC
SRI.ABDUL RAOOF PALLIPATH
THIS CRIMINAL REVISION CASE HAVING COME UP FOR
ADMISSION ON 21.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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2025:KER:54127
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P.V.KUNHIKRISHNAN, J.
-------------------------------------------
Crl. RC No.03 of 2024
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Dated this the 21st day of July, 2025
ORDER
This suo motu revision is registered based on a
letter issued by the Judge, Family Court, Kattappana,
pointing out the irregularity happened while passing
order in MC No.56/2021 by the learned Judge. The
Judge, Family Court, Kattappana submitted that,
evidence in MC No.56/2021 was taken through an
Advocate Commissioner, who recorded the deposition
of the petitioner as PW1 and respondent as RW1.
However, the Advocate Commissioner did not submit
the deposition of RW1 and his report in the Court.
The Judge, Family Court prepared the final order and
pronounced the same on 31.10.2023 as if RW1 did
not give evidence in the case.
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2. The learned Family Court Judge allowed the
case, granting monthly maintenance at the rate of
Rs.4,500/- to the 1st petitioner and Rs.4,000/- to the
2nd petitioner. Thereafter, on 07.12.2023, the Judge,
Family Court, Kattappana came to know about the
illegality and irregularity happened in passing the
final order in MC No.56/2021 without considering the
evidence of RW1. The Judge, Family Court,
Kattappana requested this Court to take a suo motu
revision because he has no jurisdiction to review the
order. Hence, this revision was registered as suo
motu.
3. Heard the learned counsel appearing for
respondent Nos.1 and 2. The 3rd respondent Mr. Sijo
Joseph, appeared in person.
4. Mr. Sijo Joseph submitted before this Court
that, even though he offered the maintenance
awarded by the Family Court, the same is not
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accepted by respondent Nos.1 and 2. This is
disputed by the counsel appearing for respondent
Nos.1 and 2. I don't want to make any observation
about the same. It is an admitted fact that the
learned Family Court Judge passed the impugned
order without looking into the evidence adduced by
the 3rd respondent. In such circumstances, I am of
the considered opinion that the impugned order is to
be set aside.
Therefore, this Criminal Revision Case is allowed
in the following manner:
1. The order dated 31.10.2023 in MC No.56/2021 of
the Family Court, Kattappana is set aside and
MC No.56/2021 is restored to file.
2. The Family Court, Kattappana will dispose of MC
No.56/2021, after getting the deposition
recorded by the Advocate Commissioner, in
accordance with law.
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3. I make it clear that no denova trial is necessary,
but, if the parties want to adduce any further
evidence, the Family Court will allow the same.
4. The respondents will appear before the Family
Court, Kattappana on 11.08.2025.
5. The Registry will forward a copy of this order to
the Family Court, Kattappana forthwith.
6. The Family Court, Kattappana will try to dispose
of MC No.56/2021, as expeditiously as possible,
at any rate, within a period of three months from
the date of receipt of a copy of this order.
7. The 1st and 2nd respondents are free to file
application for interim maintenance before the
Family Court, if necessary, and if such an
application is filed, the Family Court will consider
the same first.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
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PETITIONER ANNEXURES
ANNEXURE A LETTER FROM THE JUDGE, FAMILY
COURT, KATTAPPANA REQUESTING FOR
DIRECTION ON THE IRREGULARITY
HAPPENED WHILE PASSING FINAL ORDER
DATED 31.10.2023 IN MC 56/2021 OF
THAT COURT.
ANNEXURE B COPY OF FINAL ORDER DATED
31.10.2023 IN MC 56/2021 OF FAMILY
COURT, KATTAPPANA.
ANNEXURE C ORDERS OF THE HONOURABLE MR.
JUSTICE P.SOMARAJAN DATED
25/03/2024
ANNEXURE D ORDERS OF THE HONOURABLE THE CHIEF
JUSTICE DATED 30/03/2024
//TRUE COPY//
PA TO JUDGE
