Kerala High Court
Riju Philip vs Nithya Sam on 4 June, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:39150
OP(CRL.) NO. 785 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
OP(CRL.) NO. 785 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 10.10.2024 IN MC NO.9 OF
2024 OF FAMILY COURT, PUNALUR
PETITIONER/RESPONDENT:
RIJU PHILIP
AGED 40 YEARS
S/O PHILIP, RINU MANDIRAM, AWANEESWAROM P.O,
THALAVOOR VILLAGE, PATHANAMTHITTA TALUK,
PIN - 691508
BY ADVS. SRI.JOSEPH GEORGE
SHRI.P.A.REJIMON
SMT.NIKITA NAIR C.S.
SHRI.VIVEKJOS PUTHUKULANGARA
SMT.MAHIMA MERINE REJI
RESPONDENTS/PETITIONERS 1 TO 3:
1 NITHYA SAM
AGED 36 YEARS
D/O ROSAMMA, NISHA BHAVANAM, PIDAVOOR VILLAGE,
AWANEESWAROM P.O, THALAVOOR VILLAGE,
PATHANAMTHITTA TALUK, NOW RESIDING AT RINU
MANDIRAM, MANJAKALA MURI, AWANEESWAROM P.O,
THALAVOOR VILLAGE, PATHANAMTHITTA TALUK,, PIN -
691508
2 ALBY RIJU
AGED 14 YEARS
S/O RIJU PHILIP, NISHA BHAVANAM, PIDAVOOR
VILLAGE, AWANEESWAROM P.O, THALAVOOR VILLAGE,
PATHANAMTHITTA TALUK, NOW RESIDING AT RINU
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OP(CRL.) NO. 785 OF 2024
2
MANDIRAM, MANJAKALA MURI, AWANEESWAROM P.O,
THALAVOOR VILLAGE, PATHANAMTHITTA TALUK,
REPRESENTED BY HIS MOTHER NITHYA SAM, AGED 36,
D/O ROSAMMA, NISHA BHAVANAM, PIDAVOOR VILLAGE,
AWANEESWAROM P.O, THALAVOOR VILLAGE,
PATHANAMTHITTA TALUK, NOW RESIDING AT RINU
MANDIRAM, MANJAKALA MURI, AWANEESWAROM P.O,
THALAVOOR VILLAGE, PATHANAMTHITTA TALUK,, PIN -
691508
3 ANDRIYA RIJU
AGED 2 YEARS
D/O RIJU PHILIP, NISHA BHAVANAM, PIDAVOOR
VILLAGE, AWANEESWAROM P.O, THALAVOOR VILLAGE,
PATHANAMTHITTA TALUK, NOW RESIDING AT RINU
MANDIRAM, MANJAKALA MURI, AWANEESWAROM P.O,
THALAVOOR VILLAGE, PATHANAMTHITTA TALUK,
REPRESENTED BY HER MOTHER NITHYA SAM, AGED 36,
D/O ROSAMMA, NISHA BHAVANAM, PIDAVOOR VILLAGE,
AWANEESWAROM P.O, THALAVOOR VILLAGE,
PATHANAMTHITTA TALUK, NOW RESIDING AT RINU
MANDIRAM, MANJAKALA MURI, AWANEESWAROM P.O,
THALAVOOR VILLAGE, PATHANAMTHITTA TALUK,, PIN -
691508
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(CRL.) NO. 785 OF 2024
3
P.V. KUNHIKRISHNAN, J.
--------------------------------
O.P.(Crl.).No.785 of 2024
----------------------------------------------
Dated this the 04th day of June, 2025
JUDGMENT
This original petition is filed with following prayers:
i. issue a direction to the Hon'ble Family Court
Punalur to recall Exhibit P-2 order and dispose of
the same by a speaking order.
ii. grant such other further reliefs as this Hon'ble
Court may deem fit and proper in the interest of
justice.
iii. dispense with the filing of translation of vernacular
documents.
(SIC)
2. Petitioner is the respondent in MC No.9/2024 on the
file of the Family Court, Punalur. The respondent herein filed
MC No.9/2024 under Section 125 Cr.P.C. claiming maintenance.
The petitioner is aggrieved by Ext.P2 order by which the Family
Court directed to pay ad interim maintenance to the
respondents at the rate of Rs,.3,000/- per month till disposal of
the petition, stating that the petitioner is not ready to argue the
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OP(CRL.) NO. 785 OF 2024
CMP. Aggrieved by the same, this original petition is filed.
3. Heard the learned counsel for the petitioner. Even
though notice is issued to the respondents, there is no
appearance.
4. When this original petition came up for consideration
before this Court on 07.11.2024, this Court passed the following
order:
"Issue notice before admission to respondents 1
to 3.
Since the petitioner alleges that the first
respondent is already employed in a shop, the
impugned order Exhibit-P2 dated 10.10.2024 to the
extent it directs maintenance to the first respondent
shall be kept in abeyance. However, petitioner shall
pay the amount of maintenance directed to be paid in
the impugned order to respondents 2 and 3, pending
disposal of this original petition. "
5. In the light of the above order, no further direction is
necessary. The above interim order can be retained and there
can be a direction to the Family Court to dispose the case.
Therefore, this writ petition is disposed of with following
directions:
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OP(CRL.) NO. 785 OF 2024
1. The interim order dated 07.11.2024 is
retained till the final disposal of MC
No.9/2024 by the Family Court, Punalur.
2. The Family Court, Punalur will try to
dispose MC No.9/2024, as expeditiously
as possible.
3. If there is any violation of the condition in
the order passed by this Court on
07.11.2024, the Family Court can proceed
in accordance with law, if there is any
execution petition filed.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
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OP(CRL.) NO. 785 OF 2024
APPENDIX OF OP(CRL.) 785/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE PHOTOCOPY OF M.C NO: 9/2024 OF THE
FAMILY COURT PUNALUR
Exhibit P-2 TRUE PHOTOCOPY OF THE ORDER DATED 10-10-
2024 IN CRL. M.P NO: 23/2024 IN M.C NO:
9/2024 OF THE FAMILY COURT PUNALUR
Exhibit P-3 TRUE PHOTOCOPY OF THE MEDICAL
CERTIFICATE DATED 13-07-2023 ISSUED FROM
CHANGETHU AYURVEDA HOSPITAL PANDALAM
Exhibit P-4 TRUE PHOTOCOPY OF MEDICAL CERTIFICATE
DATED 21-06-2023 ISSUED FROM THE
PUSHPAGIRI MEDICAL COLLEGE HOSPITAL
THIRUVALLA
Exhibit P-5 TRUE PHOTOCOPY OF CERTIFICATE DATED 14-
08-2024 ISSUED FROM THE AMRITHA
INSTITUTE OF MEDICAL SCIENCES KOCHI
Exhibit P-6 TRUE PHOTOCOPY OF THE OBJECTION DATED
03-09-2024 FILED BY THE PETITIONER IN
CMP NO: 23/2024 IN M.C NO: 9/2024 OF THE
FAMILY COURT PUNALUR
