Kerala High Court
Anish Varghese vs Ditty Anna Anish on 26 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:46436
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 26 DAY OF JUNE 2025 / 5TH ASHADHA, 1947
OP(CRL.) NO. 396 OF 2025
MC NO.103 OF 2022 OF FAMILY COURT, THIRUVALLA
PETITIONER(S)/RESPONDENT:
ANISH VARGHESE
AGED 39 YEARS
S/O P.T VARUGHESE, AGED 39 YEARS, PUTHETHU ADIMURIYIL
HOUSE, PUNNACKADU P.O & MURI, MALLAPUZHASSERY VILLAGE,
KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT,
PIN - 589643
BY ADVS.
SRI.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
SHRI.RAVISANKAR C.R.
RESPONDENT(S)/PETITIONERS:
1 DITTY ANNA ANISH
AGED 37 YEARS
D/O JOSEPH GEORGE, MAVELIL HOUSE, MARAMON P.O,
THOTTAPPUZHASSERI, CHIRAYIRAMBU, MARAMON,
PATHANAMTHITTA DISTRICT- 689549 REPRESENTED BY HER
POWER OF ATTORNEY HOLDER THOMAS GEORGE, AGED 59 YEARS,
S/O GEORGE, MAVELIL HOUSE, MARAMON P.O,
THOTTAPPUZHASSERI, CHIRAYIRAMBU, MARAMON,
PATHANAMTHITTA DISTRICT
2 ANGEL A. ANISH
AGED 12 YEARS
D/O ANISH VARGHESE, MAVELIL HOUSE, MARAMON P.O,
THOTTAPPUZHASSERI, CHIRAYIRAMBU, MARAMON,
PATHANAMTHITTA DISTRICT- 689549 REPRESENTED BY HER
MOTHER DITTY ANNA ANISH, AGED 37 YEARS, D/O JOSEPH
GEORGE, MAVELIL HOUSE, MARAMON P.O, THOTTAPPUZHASSERI,
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OP(CRL.) NO.396 OF 2025
2
CHIRAYIRAMBU, MARAMON, PATHANAMTHITTA DISTRICT- 689549
REPRESENTED BY HER POWER OF ATTORNEY HOLDER THOMAS
GEORGE, AGED 59 YEARS, S/O GEORGE, MAVELIL HOUSE,
MARAMON P.O, THOTTAPPUZHASSERI, CHIRAYIRAMBU, MARAMON,
PATHANAMTHITTA DISTRICT
3 ALIA MARY ANISH
AGED 8 YEARS
D/O ANISH VARGHESE, MAVELIL HOUSE, MARAMON P.O,
THOTTAPPUZHASSERI, CHIRAYIRAMBU, MARAMON,
PATHANAMTHITTA DISTRICT- 689549 REPRESENTED BY HER
MOTHER DITTY ANNA ANISH, AGED 37 YEARS, D/O JOSEPH
GEORGE, MAVELIL HOUSE, MARAMON P.O, THOTTAPPUZHASSERI,
CHIRAYIRAMBU, MARAMON, PATHANAMTHITTA DISTRICT- 689549
REPRESENTED BY HER POWER OF ATTORNEY HOLDER THOMAS
GEORGE, AGED 59 YEARS, S/O GEORGE, MAVELIL HOUSE,
MARAMON P.O, THOTTAPPUZHASSERI, CHIRAYIRAMBU, MARAMON,
PATHANAMTHITTA DISTRICT
4 AMY GEORGIA ANISH
AGED 5 YEARS
D/O ANISH VARGHESE, MAVELIL HOUSE, MARAMON P.O,
THOTTAPPUZHASSERI, CHIRAYIRAMBU,MARAMON,
PATHANAMTHITTA DISTRICT- 689549 REPRESENTED BY HER
MOTHER DITTY ANNA ANISH, AGED 37 YEARS, D/O JOSEPH
GEORGE, MAVELIL HOUSE, MARAMON P.O, THOTTAPPUZHASSERI,
CHIRAYIRAMBU, MARAMON, PATHANAMTHITTA DISTRICT- 689549
REPRESENTED BY HER POWER OF ATTORNEY HOLDER THOMAS
GEORGE, AGED 59 YEARS, S/O GEORGE, MAVELIL HOUSE,
MARAMON P.O, THOTTAPPUZHASSERI, CHIRAYIRAMBU, MARAMON,
PATHANAMTHITTA DISTRICT
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(CRL.) NO.396 OF 2025
3
P.V.KUNHIKRISHNAN, J
--------------------------------
O.P (Crl) No.396 of 2025
-------------------------------
Dated this the 26th day of June, 2025
ORDER
The above Original Petition is filed with the following prayers:
"i. Direct the Family Court, Thiruvalla, to issue
certified/carbon copy of the order dated 23.06.2025
in Crl.MP no.1/2025 in M.C No.103/2024 on the files
of Family Court, Thiruvalla within a time limit fixed
by this Hon'ble Court, in the interest of justice;
ii. Direct the Family Court, Thiruvalla to keep in
abeyance pronouncement of judgment in M.C
No.103/2024 on the files of Family Court, Thiruvalla,
till sufficient time enabling the petitioner to take
legal remedies available to him against order dated
23.06.2025 in Crl.MP No.1/2025 in M.C No.103/2024
on the files of Family Court, Thiruvalla;
[SIC]
2. It is submitted that the petitioner was set ex parte in
MC No.103/2024 on 12.06.2025. The petitioner filed a petition to
set aside the ex parte order on 13.06.2025, as evident by Ext.P2. It
is submitted that the same is dismissed on 23.06.2025. Thereafter,
the ex-parte evidence was recorded on 23.06.2025 itself, and the
case is posted for orders on 30.06.2025. The copy of the order
passed in the petition to set aside the ex parte order was not
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OP(CRL.) NO.396 OF 2025
served on the petitioner. Hence, this Original Petition (Crl).
3. Heard the counsel for the petitioner.
4. The way in which this Original Petition is going to be
disposed of, no notice is necessary to the respondents.
Considering the facts and circumstances of the case, I think there
can be a direction to the Family Court to issue a copy of the order
passed, and till then, the pronouncement of the order in MC
103/2024 can be deferred.
Therefore, this Original Petition is disposed of with the
following directions:
1. The Family Court, Thiruvalla, is directed to
issue a copy of the order dated 23.06.2025 in
Crl M.P No.1/2025 in MC No.103/2024, as
expeditiously as possible, at any rate, within a
period of two weeks from the date of receipt of a
certified copy of this judgment.
2. The further proceedings in MC No.103/2024 of
the Family Court, Thiruvalla, shall be deferred
for a period of three weeks.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
SSG
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OP(CRL.) NO.396 OF 2025
APPENDIX OF OP(CRL.) 396/2025
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE M.C NO.103/2024 ON
THE FILES OF FAMILY COURT, THIRUVALLA
FILED BY RESPONDENTS SEEKING MAINTENANCE
Exhibit P2 THE TRUE COPY OF THE CRL.MP NO.1/2025 IN
M.C NO.103/2024 ON THE FILES OF FAMILY
COURT, THIRUVALLA
Exhibit P3 THE TRUE COPY OF THE CASE-STATUS OF M.C
NO.103/2024 ON THE FILES OF FAMILY
COURT, THIRUVALLA
Exhibit P4 THE TRUE COPY OF THE APPLICATION FOR
URGENT ISSUANCE OF ORDER PASSING IN
EXT.P2 CRL.MP ALONG WITH APPLICATION OF
COPY (EC-DC-005321-2025) FILED IN M.C
NO.103/2024 ON THE FILES OF FAMILY
COURT, THIRUVALLA
