Kerala High Court
Subhash.K.G vs Harshaprabha on 13 June, 2025
2025:KER:41910
OP(CRL.) NO. 360 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 13TH DAY OF JUNE 2025 / 23RD JYAISHTA, 1947
OP(CRL.) NO. 360 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.103 OF
2017 OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA
PETITIONER/S:
1 SUBHASH.K.G.
AGED 36 YEARS
SUBHASH K.G, S/O SANTHAKUMARI, SUBHASH VIHAR,
MUTTATHUKONAM, CHENEERKARA P.O, CHENNEERKARA
VILLAGE, PIN - 689503
2 SANTHAIKUMARI
AGED 65 YEARS
SUBHASH VIHAR, MUTTATHUKONAM, CHENEERKARA P.O,
CHENNEERKARA VILLAGE., PIN - 689503
BY ADVS.
SRI.V.SETHUNATH
SRI.V.R.MANORANJAN (MUVATTUPUZHA)
SHRI.THOMAS ABRAHAM (K/1051/2010)
SHRI.SREEGANESH U.
SHRI.LAKSHMINARAYAN.R
SHRI.GAUTHAM KRISHNAN K.G.
RESPONDENT/S:
HARSHAPRABHA
AGED 33 YEARS
D/O SANTHAKUMARI P.K, HARSHA NIVAS,
MANJINIKKARA, OMALLOOR P.O, OMALLOOR VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.,
2025:KER:41910
OP(CRL.) NO. 360 OF 2025 2
PIN - 689647
OTHER PRESENT:
SMT PUSHPALATHA M.K., SR PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
13.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(CRL.) NO. 360 OF 2025 3
JUDGMENT
The order passed by the Sessions Court,
Pathanamthitta, on 29.05.2025, in Crl.Appeal No.129/2024,
directing the deposit of 50 percent of the arrears of
maintenance, and payment of maintenance to the tune of
Rs.7,000/- per month to the petitioner in M.C.No.103/2017,
on the files of the Judicial First Class Magistrate Court,
Pathanamthitta, as a condition for staying the proceedings in
the said case, is under challenge in this petition filed under
Article 227 of the Constitution of India.
2. Heard the learned counsel for the
petitioner.
3. It is well settled that the powers under
Article 227 of the Constitution of India, could be invoked only
in those cases where there is manifest illegality perpetrated
by the Courts and Tribunals, coming under the jurisdiction of
the High Courts concerned. Unless such a contingency is
there, it is not possible for this court to interfere with the
orders passed in due course by the Courts and Tribunals.
4. In Radhey Shyam v. Chhabi Nath,
[(2009) 5 SCC 616], the Apex Court has held that the
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powers under Article 227 can be exercised only in those
cases where there is manifest miscarriage of justice, and
that the said power is not meant to correct a mistake of
fact and law. The relevant paragraph of the said decision
is extracted hereunder:
"31. Under Article 227 of the Constitution, the High
Court does not issue a writ of certiorari. Article 227 of the
Constitution vests the High Courts with a power of
superintendence which is to be very sparingly exercised to
keep tribunals and courts within the bounds of their
authority. Under Article 227, orders of both civil and
criminal courts can be examined only in very exceptional
cases when manifest miscarriage of justice has been
occasioned. Such power, however, is not to be exercised to
correct a mistake of fact and of law."
5. Elucidating the scope and applicability of Article
227, a Five Judges Bench of the Hon'ble Apex Court held
in Rajendra Diwan v. Pradeep Kumar Ranibala,
[2019) 20 SCC 143] as follows:
"85. The power of superintendence conferred by
Article 227 is, however, supervisory and not appellate. It is
settled law that this power of judicial superintendence
must be exercised sparingly, to keep subordinate courts
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and tribunals within the limits of their authority. When a
Tribunal has acted within its jurisdiction, the High Court
does not interfere in exercise of its extraordinary writ
jurisdiction unless there is grave miscarriage of justice or
flagrant violation of law. Jurisdiction under Article 227
cannot be exercised "in the cloak of an appeal in
disguise".
86. In exercise of its extraordinary power of
superintendence and/or judicial review under Articles 226
and 227 of the Constitution of India, the High Courts
restrict interference to cases of patent error of law which
go to the root of the decision; perversity; arbitrariness
and/or unreasonableness; violation of principles of natural
justice, lack of jurisdiction and usurpation of powers. The
High Court does not re-assess or re-analyse the evidence
and/or materials on record. Whether the High Court would
exercise its writ jurisdiction to test a decision of the Rent
Control Tribunal would depend on the facts and
circumstances of the case. The writ jurisdiction of the High
Court cannot be converted into an alternative appellate
forum, just because there is no other provision of appeal
in the eye of the law."
6. Having regard to the facts and
circumstances of this case, I am of the view that none of the
parameters dealt with by the Apex Court in the aforesaid
decisions, are attracted in this case, to interfere with the
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impugned order.
7. The learned counsel for the petitioner
submitted that the petitioner/appellant may be given an
opportunity to remit the entire arrears, directed to be paid,
by way of instalments. The above request may be brought to
the notice of the learned Sessions Judge for passing
appropriate orders.
With the above observations, this original petition
stands dismissed.
sd/
G.GIRISH
JUDGE
jm/
2025:KER:41910
APPENDIX OF OP(CRL.) 360/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PETITION IN M.C
NO. 103 / 2017 ON THE FILE OF THE
HON'BLE C.J.M COURT, PATHANAMTHITTA
Exhibit P2 TRUE COPY OF THE INTERIM ORDER IN
CRL.M.P 1857/2017 IN FILED BY THE
WIFE IN CRL.M.P NO. 483/ 2023 IN
ON THE FILE OF THE HON'BLE C.J.M
COURT, PATHANAMTHITTA DATED 12-4-2018
Exhibit P3 THE TRUE COPY OF THE ORDER IN M.C NO.
103 / 2017 ON THE FILE OF THE HON'BLE
C.J.M COURT, PATHANAMTHITTA DATED 26-
10-2024
Exhibit P4 TRUE COPY OF THE MEMORANDUM OF APPEAL
PETITION IN CRL. APPEAL NO. 129/2024
ON THE FILE OF THE HON'BLE SESSIONS
COURT, PATHANAMTHITTA
Exhibit P5 THE TRUE COPY OF THE ORDER IN CRL.M.P
NO. 8960/ 2024 IN CRL. APPEAL NO.
129/2024 ON THE FILE OF THE HON'BLE
SESSIONS COURT, PATHANAMTHITTA DATED
29-05-2025
Exhibit P6 THE TRUE COPY OF THE CRL.M.P NO. 206/
2025 IN M.C NO. 103 / 2017 ON THE
FILE OF THE HON'BLE C.J.M COURT,
PATHANAMTHITTA DATED 4-3-2025
Exhibit P7 TRUE COPY OF THE OBJECTION FILED IN
CRL.M.P NO. 206/ 2025 IN M.C NO.
103 / 2017 ON THE FILE OF THE HON'BLE
C.J.M COURT, PATHANAMTHITTA
