Kerala High Court
Shajil vs Sabeena on 5 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.).No.221 of 2021
1
2025:KER:39821
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF JUNE 2025 / 15TH JYAISHTA, 1947
OP(CRL.) NO. 221 OF 2021
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.545 OF 2020 OF
FAMILY COURT,THRISSUR
PETITIONER/RESPONDENTS IN M.P:
SHAJIL
AGED 34 YEARS
S/O. ABDUL KAREEM, KATTILATT HOUSE, CHAVAKKAD TALUK,
THALIKULAM P.O., THRISSUR DISTRICT, PIN-680 615
BY ADVS.
SHRI.S.ABHILASH VISHNU
SMT.K.R.MONISHA
SHRI.ANWIN JOHN ANTONY
RESPONDENTS/PETITIONERS IN M.P:
1 SABEENA
AGED 33 YEARS
D/O. MAJEED, PUTHIYAVEETTIL HOUSE, CHAVAKKAD TALUK,
VATANAPPILLY BEACH P.O., THRISSUR DISTRICT,
PIN-680 614
2 AMINA MINHA
AGED 3 YEARS
(MINOR) , D/O.SHAJIL, KATTILATT HOUSE, CHAVAKKAD
TALUK, VATANAPPILLY BEACH P.O., THRISSUR DISTRICT,
PIN-680 614, REP BY MOTHER & GUARDIAN -1ST
O.P.(Crl.).No.221 of 2021
2
2025:KER:39821
RESPONDENT SABEENA
BY ADV.
SMT.NIMMY JOHNSON
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).No.221 of 2021
3
2025:KER:39821
P.V.KUNHIKRISHNAN, J
--------------------------------
O.P.(Crl.) No.221 of 2021
-------------------------------
Dated this the 05th day of June, 2025
JUDGMENT
The Original Petition (Crl.) is filed seeking the following
reliefs:
"i. issue a direction or order calling for the
records leading to Ext-P4 order dated 18.03.2021 in M.P
No.1347/2020 in M.C No.545/2020 on the file of the
Hon'ble Family Court, Thrissur and set aside the same;
ii. pass such other orders as this Hon'ble Court
may deem fit and proper considering the facts and
circumstances of the case, in the interest of Justice."[SIC]
2. This Original Petition is filed challenging the
interim maintenance granted by the Family Court, Thrissur as
per order dated 18.03.2021 in MP No.1347/2020 in MC
No.545/2020. As per the report received from the Family Court,
Kunnamkulam, the case is now transferred to Family Court,
Kunnamkulam and is re-numbered as MC No.180/2023. The
2025:KER:39821
case is listed for trial to 12.06.2025.
3. When this Original Petition came up for
consideration on 02.07.2021, this Court passed the following
order:
"Admit. Issue notice. Post after completion of
service of notice.
The learned counsel for the petitioner fairly
submitted that he is prepared to deposit 50% of the arrears
on or before 09/07/2021. The submission is recorded. There
will be an order of stay as prayed for on deposit of 50% of
arrears before the Family Court concerned on or before
09/07/2021. The order of stay will operate only from the
date of deposit. In the event of failure to deposit the
amount as ordered above, the Family Court shall be at
liberty to execute the order as against the petitioner even
by taking coercive steps."
4. A perusal of the above order would show that
the order will come into force only on deposit of the amount
mentioned in the order. Counsel for the petitioner submitted
that the amount is deposited. This is disputed by the counsel
appearing for the respondents. I do not want to make any
observation about the same. The interim order passed by this
2025:KER:39821
Court can be retained. If the conditions are not complied with,
the respondents can proceed with the execution in accordance
with the law. There can be a direction to dispose of the main
case itself as expeditiously as possible.
Therefore, this Original Petition (Crl.) is disposed of in
the following manner:
1. The order dated 02.07.2021 is retained till the disposal
of the main case.
2. The Family Court, Kunnamkulam will try to dispose of
MC No.180/2023, as expeditiously as possible.
3. I make it clear that, if the conditions in the order dated
02.07.2021 are not complied with, the respondents can
proceed in accordance with the law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
2025:KER:39821
APPENDIX OF OP(CRL.) 221/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AFFIDAVIT DATED
04.02.2021 IN M.C.NO.545/2020 FILED BEFORE
THE HON'BLE FAMILY COURT
EXHIBIT P2 TRUE COPY OF HE M.P.NO.1347/2020 DATED
10.11.2020 FILED BY THE RESPONDENTS BEFORE
THE HON'BLE FAMILY COURT, THRISSUR
EXHIBIT P3 TRUE COPY OF COUNTER AFFIDAVIT DATED
20.01.2021 FILED BY THE PETITIONER BEFORE
THE HON'BLE FAMILY COURT
EXHIBIT P4 CERTIFIED COPY OF ORDER DATED 18.03.2021
IN M.P.NO.1347/2021 OF THE HON'BLE FAMILY
COURT, THRISSUR
EXHIBIT P5 TRUE COPY OF THE REGISTRATION DETAILS OF
THE AUTO BEARING VEHICLE NUMBER
KL.46.E.6106
EXHIBIT P6(A) TRUE COPY OF THE MEDICAL BILL DATED
25.06.2021 AMOUNTING TO RS 15274/-
EXHIBIT P6(B) TRUE COPY OF THE MEDICAL BILL DATED
26.06.2021 AMOUNTING TO RS.24999/-
EXHIBIT P6(C) TRUE COPY OF THE MEDICAL BILL DATED
26.06.2021 AMOUNTING TO RS.46261/-
EXHIBIT P7(A) TRUE COPY OF THE MEDICAL BILL DATED
18.07.2018 AMOUNTING TO RS.19930/-
EXHIBIT P7 (B) TRUE COPY OF THE MEDICAL BILL DATED
21.07.2018 AMOUNTING TO RS.45827/-
EXHIBIT P7 (C) TRUE COPY OF THE MEDICAL BILL DATED
27.07.2018 AMOUNTING TO RS.14840/-
