Citation : 2025 Latest Caselaw 6954 Ker
Judgement Date : 19 June, 2025
O.P.(Crl.) Nos. 10 and 806 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
OP(CRL.) NO. 806 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.82 OF 2023 OF FAMILY
COURT,THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS/ORIGINAL PETITIONERS:
1 MEERA .S. NAIR
AGED 39 YEARS, D/O SREEDHARAN NAIR, RESIDING AT MGRA 15,
KRISHNAPRIYA, PALKULANGARA, PETTAH. P.O,
THIRUVANANTHAPURAM, PIN - 695024
2 GOKUL KRISHNAN. U.M
AGED 10 YEARS, S/O MEERA S NAIR AND UNNIKRISHNAN R.S
RESIDING AT MGRA 15, KRISHNAPRIYA, PALKULANGARA, PETTAH.
P.O, THIRUVANANTHAPURAM REPRESENTED BY HIS MOTHER MEERA S
NAIR , AGED 39 YEARS D/O SREEDHARAN NAIR, RESIDING AT
MGRA 15, KRISHNAPRIYA, PALKULANGARA, PETTAH. P.O,
THIRUVANANTHAPURAM, PIN - 695024
BY ADVS.
SRI.ARUN BABU
SHRI.G.HARIPRASAD
SHRI.ANEESHRAJ R.
RESPONDENT(S)/RESPONDENT/RESPONDENT:
1 UNNI KRISHNAN U.M
S/O C. K RAMACHANDRAN, RESIDING AT ASWATHY T.C 28/2761
KUTHIRAVATTOM LANE, GPO THIRUVANANTHAPURAM, PIN - 695001
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
O.P.(Crl.) Nos. 10 and 806 of 2024
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BY ADV.:
SR PP, SMT SEETHA S
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.06.2025,
ALONG WITH OP(Crl.).10/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl.) Nos. 10 and 806 of 2024
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2025:KER:45526
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 19TH DAY OF JUNE 2025 / 29TH JYAISHTA, 1947
OP(CRL.) NO. 10 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 22.07.2023 IN MC NO.82 OF
2023 OF FAMILY COURT,THIRUVANANTHAPURAM
PETITIONER(S)/RESPONDENT:
UNNIKRISHNAN R.S.
AGED 42 YEARS, S/O C.K. RAMACHANDRAN, ASWATHY, T.C.
NO.28/2761, KUTHIRAVATTOM LANE, NEAR OLD GPO,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
SRI.ARUN CHAND
SHRI.VINAYAK G MENON
SHRI.BHARAT VIJAY P.
SHRI.THAREEQ ANVER
KUM.K.SALMA JENNATH
SMT.NEETHU S.
SMT.MINU VITTORRIA PAULSON
SHRI.MAJID MUHAMMED K.
RESPONDENT(S)/PETITIONERS:
1 MEERA S. NAIR
AGED 42 YEARS, S/O C.K. RAMACHANDRAN, ASWATHY, T.C.
NO.28/2761, KUTHIRAVATTOM LANE, NEAR OLD GPO,
THIRUVANANTHAPURAM, PIN - 695001
2 GOKUL KRISHNAN U.M
AGED 9 YEARS, S/O UNNIKRISHNAN R.S., NOW RESIDING AT MGRA
-15, KRISHNAPRIYA, PALKULANGARA, PETTAH P.O.,
THIRUVANANTHAPURAM, PIN - 695024
O.P.(Crl.) Nos. 10 and 806 of 2024
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BY ADVS.
SRI.ARUN BABU
SHRI.G.HARIPRASAD
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.06.2025,
ALONG WITH OP(Crl.).806/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl.) Nos. 10 and 806 of 2024
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P.V.KUNHIKRISHNAN, J
----------------------------------------------------
O.P.(Crl.) Nos.10 and 806 of 2024
----------------------------------------------------
Dated this the 19th day of June, 2025
JUDGMENT
These two Original Petitions (Crl.) are connected and
therefore, I am disposing of these two cases by a common
judgment.
2. The impugned order in these cases are one and the
same. The Family Court, Thiruvananthapuram directed the
petitioner in OP (Crl.) No.10/2024 to pay interim maintenance to
the petitioners in OP(Crl.) No.806/2024. The petitioner in
OP(Crl.) No.10/2024 is aggrieved by the order granting interim
maintenance and the petitioners in OP(Crl.) No.806/2024 is
aggrieved by the quantum of interim maintenance awarded by
the Family Court.
3. As per the e-court service website, the main case i.e.
MC No.82/2023 is posted for evidence. The main case is O.P.(Crl.) Nos. 10 and 806 of 2024
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registered in the year 2023. When OP(Crl.) No.10/2024 came up
for consideration on 11.01.2024, this Court passed the following
order:
"Notice before admission to respondent Nos.1 and 2.
In the meantime, impugned order Exhibit P4 shall stand stayed
in condition that the petitioner pays interim maintenance at
the rate of Rs.5,000/- per month to first respondent and
Rs.2,500/- per month to the second respondent until further
orders."
4. The counsel for the petitioner in that case submitted
that the interim order is complied with. Considering the facts
and circumstances of the case, I think, there can be a direction
to the Family Court, Thiruvananthapuram to dispose of MC
No.82/2023, within a period of four months and till then the
interim order dated 11.01.2024 in OP(Crl.) No.10/2024 can be
retained.
Therefore, these Original Petitions(Crl.) are disposed of with
the following directions:
1. The Family Court, Thiruvananthapuram is directed O.P.(Crl.) Nos. 10 and 806 of 2024
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to dispose of MC No.82/2023, as expeditiously as
possible, at any rate, within a period of four
months from the date of receipt of a copy of this
judgment.
2. Till final orders are passed in the above case, the
interim order dated 11.01.2024 in OP(Crl.)
No.10/2024 will continue.
3. If there is any violation of the interim order dated
11.01.2024 in OP(Crl.) No.10/2024, the
petitioners in OP(Crl.) No.806/2024 can execute
the main interim maintenance order itself.
Sd/-
P.V.KUNHIKRISHNAN, nvj JUDGE O.P.(Crl.) Nos. 10 and 806 of 2024
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APPENDIX OF OP(CRL.) 10/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE M.C. NO.82/2023 DATED 01/04/2023 FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM EXHIBIT P2 THE TRUE COPY OF THE C.M.P. NO.1/2023 DATED 01/04/2023 IN M.C. NO.82/2023 FILED BY THE RESPONDENTS BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM EXHIBIT P3 THE TRUE COPY OF THE OBJECTION DATED 13/06/2023 IN C.M.P. NO.1/2023 IN M.C. NO.82/2023 FILED BY THE PETITIONER HEREIN BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED 22/07/2023 IN C.M.P. NO.1/2023 IN M.C. NO.82/2023 PASSED BY THE FAMILY COURT, THIRUVANANTHAPURAM O.P.(Crl.) Nos. 10 and 806 of 2024
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APPENDIX OF OP(CRL.) 806/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PETITION IN MC 82/2023 DATED 01/04/2023 FILED BEFORE THE FAMILY COURT THIRUVANANTHAPURAM EXHIBIT P2 THE TRUE COPY OF THE CRLMP 1/2023 IN MC 82/2023 DATED 01/04/2023 , FILED BEFORE THE FAMILY COURT THIRUVANANTHAPURAM EXHIBIT P3 THE TRUE COPY OF THE CMP 7 /2023 IN CRL MP 1/2023 IN MC 82/2023 DATED 04/04/2023, FILED BEFORE THE FAMILY COURT THIRUVANANTHAPURAM EXHIBIT P4 THE TRUE COPY OF THE OBJECTION IN CMP 7 /2023 IN CRLMP 1/2023 IN MC 82/2023 DATED 04/04/2023 , FILED BEFORE THE FAMILY COURT THIRUVANANTHAPURAM EXHIBIT P5 THE TRUE COPY OF THE OBJECTION IN CRL MP 1/2023 IN MC 82/2023 DATED 13/06/2023, FILED BEFORE THE FAMILY COURT THIRUVANANTHAPURAM EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED
EXHIBIT P7 THE CERTIFIED COPY OF THE ORDER DATED 22/07/2023 IN CRL M.P. 1/2023 IN MC
//TRUE COPY//
PA TO JUDGE
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