Sunil Kumar vs State Of Kerala
2025 Latest Caselaw 565 Ker

Kerala High Court

Sunil Kumar vs State Of Kerala on 3 July, 2025

Author: P.V. Kunhikrishnan

Bench: P.V.Kunhikrishnan

                                             2025:KER:48535
OP(CRL.) NO. 417 OF 2025

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          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

  THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947

                  OP(CRL.) NO. 417 OF 2025

AGAINST THE ORDER/JUDGMENT DATED IN MC NO.417 OF 2023 OF

FAMILY COURT, NEDUMANGAD

PETITIONER/RESPONDENT:

          SUNIL KUMAR
          AGED 54 YEARS
          S/O. MURALEEDHARAN NAIR, AGED 54 YEARS,
          KANNARA VEEDU, PALAMKONAM, VENJARAMOODU P O.,
          THIRUVANANTHAPURAM, PIN - 695607

          BY ADVS.
          SRI.R.SUNIL KUMAR
          SMT.A.SALINI LAL
          SHRI.JINU P. BINU


RESPONDENT/STATE/PETITIONER:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

    2     SREEDEVI,
          D/O. RAJAGOPALAN,AGED 50, RUGMALAYAM, VETTINAD,
          VATTAPPARA P O,THIRUVANANTHAPURAM. (REPRESENTED
          BY NEXT FRIEND SUNDARESAN NAIR, S/O. GANGADHARAN
          NAIR, AGED 51 YEARS, RUGMALAYAM, VETTINAD,
          VATTAPPARA P O,THIRUVANANTHAPURAM., PIN - 692508
                                                     2025:KER:48535
OP(CRL.) NO. 417 OF 2025

                                 2

OTHER PRESENT:

         SR PP SRI HRITHWIK C S


     THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.07.2025,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                         2025:KER:48535
OP(CRL.) NO. 417 OF 2025

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                    P.V. KUNHIKRISHNAN, J.
                     --------------------------------
                    O.P.(Crl.).No.417 of 2025
              ----------------------------------------------
             Dated this the 03rd day of July, 2025


                            JUDGMENT

This original petition is filed with following prayers:

i. To declare that the compromise decree marked as Exhibit P5 substantially decides the lis between the parties.

ii. To declare that CMP 456/22 in MC 417/2013 is not executable in view of the compromise decree marked as Exhibit P5.

iii. Such other reliefs as the court may think proper for the disposal of the case.

(SIC)

2. Petitioner suffered an order in MC No.417/2013 on

the file of the Family Court, Nedumangad. According to the

petitioner, the entire dispute between the parties are settled as

per Ext.P5 compromise decree. Now the 2 nd respondent filed

Ext.P9 application to execute the maintenance order. The

definite contention of the petitioner is that in the light of

Ext.P5, the present execution petition as evident by Ext.P9 is

not maintainable. Hence this original petition.

2025:KER:48535 OP(CRL.) NO. 417 OF 2025

3. Heard the learned counsel for the petitioner and the

learned Public Prosecutor. The way in which this original

petition is going to be disposed of, no notice is necessary to the

2nd respondent.

4. The short point raised by the petitioner is that in the

light of Ext.P5, Ext.P9 execution petition is not maintainable. I

am of the considered opinion that the petitioner can raise this

point before the Family Court by filing an objection to Ext.P9. If

the objection is filed within a time limit, coercive steps can be

kept in abeyance till that objection is considered by the Family

Court.

Therefore, this original petition is disposed of with

following directions:

1. The petitioner is free to file an objection

to Ext.P9 regarding the maintainability of

that petition within two weeks from the

date of receipt of a copy of this judgment.

2. Once such an objection is received, the

Family Court, Nedumangad will consider

the same and pass appropriate orders in

it, after giving an opportunity of hearing 2025:KER:48535 OP(CRL.) NO. 417 OF 2025

to the petitioner and the 2 nd respondent,

as expeditiously as possible, at any rate,

within six weeks from the date of receipt

of the objection.

3. If the objection is filed as directed above,

the coercive steps based on Ext.P9

application shall be kept in abeyance till

final order are passed in the objection.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE 2025:KER:48535 OP(CRL.) NO. 417 OF 2025

APPENDIX OF OP(CRL.) 417/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT OF THE HONORABLE FAMILY COURT NEDUMANGAD IN OP NO. 766/2013 DATED 9/2/2016 Exhibit P2 COPY OF THE JUDGMENT IN 766/13 DATED 14/7/2017 OF THE HONORABLE FAMILY COURT NEDUMANGAD Exhibit P3 THE COPY OF THE JUDGMENT IN MC 417/2013 ON THE FILES OF FAMILY COURT NEDUMANGAD DATED 25/10/2014 Exhibit P4 TRUE COPY OF THE ORDER IN CMP NUMBER 232/14 IN MC 417/13 OF THE FAMILY COURT NEDUMANGAD DATED 11/9/2014 Exhibit P5 TRUE COPY OF THE JUDGMENT ALONG WITH THE TERMS OF COMPROMISE IN OP 688/2015 OF FAMILY COURT NEDUMANGAD DATED 14/7/2017 Exhibit P6 TRUE COPY OF THE AGREEMENT DATED 4/12/2019 ENTERED INTO BETWEEN THE PETITIONER AND THE NEXT FRIEND OF THE RESPONDENT IN CMP NUMBER 406/2019 IN MC 417/2013 OF THE MEDIATION CENTRE NEDUMANGAD Exhibit P7 TRUE COPY OF THE ORDER IN CMP NO.

406/2019 IN MC 417/2013 OF THE HONORABLE FAMILY COURT NEDUMANGAD Exhibit P8 TRUE COPY OF THE MRI REPORT DATED 11/8/2022 OF BRAIN OF ONE OF THE CHILDREN Exhibit P9 TRUE COPY OF THE CMP NUMBER 456/22 IN MC 470/2013 DATED 3/6/2022 Exhibit P10 TRUE COPY OF THE SCREENSHOT OF THE POSTINGS OF THE CMP 456/22 IN MC 470/2013 ON THE FILES OF FAMILY COURT NEDUMANGAD