Kerala High Court
Muhammed Rafeeque vs Faseela on 27 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
OP(CRL.) NO. 277 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.264 OF
2015 OF FAMILY COURT, MALAPPURAM
PETITIONER/S:
MUHAMMED RAFEEQUE
AGED 40 YEARS
PANCHILI VEEDU, MAMBATTUMOOLA, KALIKAVU,
NILAMBUR TALUK MALAPPURAM DISTRICT,
PIN - 676525
BY ADV C.K.SREEJITH
RESPONDENT/S:
1 FASEELA
AGED 35 YEARS
BILALIYIL VEEDU, MAMBATTAMOOLA,
POOKKOOTTUMPADAM, NILAMBUR TALUK, KALIKAVU,
MALAPPURAM DISTRICT, PIN - 676525
2 RIFA
AGED 13 YEARS
(MINOR), (MINOR IS REP. BY MOTHER FASEELA)
BILALIYIL VEEDU, MAMBATTAMOOLA,
POOKKOOTTUMPADAM, NILAMBUR TALUK, KALIKAVU,
MALAPPURAM DISTRICT, PIN - 676525
BY ADV. SRI. HRITHWICK C.S., SR.PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.05.2025, ALONG WITH OP(Crl.).274/2023, 278/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
OP(CRL.) NO. 274 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.264 OF
2015 OF FAMILY COURT, MALAPPURAM
PETITIONER/S:
MUHAMMED RAFEEQUE
AGED 37 YEARS
PANCHILI HOUSE, MAMBATTUMOOLA, NILAMBUR TALUK,,
PIN - 676525
BY ADV C.K.SREEJITH
RESPONDENT/S:
1 FASEELA
AGED 33 YEARS, BILAYIL HOUSE, MAMBATTUMOOLA,
POKKOTTUPADAM, NILAMBUR TALUK., PIN - 676542
2 RIFA
AGED 11 YEARS, (MINOR) AGED 11 YEARS, MINOR
REPRESENTED BY MOTHER FASEELA BILAYIL HOUSE,
MAMBATTUMOOLA, POKKOTTUPADAM, NILAMBUR TALUK,
PIN - 676542
BY ADV. SMT. S. SEETHA SR.PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.05.2025, ALONG WITH OP(Crl.).277/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
OP(CRL.) NO. 278 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.264 OF
2015 OF FAMILY COURT, MALAPPURAM
PETITIONER/S:
MUHAMMED RAFEEQUE
AGED 40 YEARS, S/O MOULAVI PA BACKER, PANCHILI
HOUSE, MAMBATTUMOOLA, NILAMBUR TALUK,
PIN - 676525
BY ADV C.K.SREEJITH
RESPONDENT/S:
1 FASEELA
AGED 35 YEARS, BILAYIL HOUSE, MAMBATTUMOOLA,
POKKOTTUPADAM, NILAMBUR TALUK., PIN - 676542
2 RIFA
(MINOR) AGED 13 YEARS, MINOR REPRESENTED BY
MOTHER FASEELA BILAYIL HOUSE, MAMBATTUMOOLA,
POKKOTTUPADAM, NILAMBUR TALUK, PIN - 676542
BY ADV. S. SEETHA, SR.PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.05.2025, ALONG WITH OP(Crl.).277/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
4
P.V.KUNHIKRISHNAN, J.
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OP(Crl.) Nos.274, 277 & 278 of 2023
---------------------------------------------------
Dated this the 27th day of May, 2025
JUDGMENT
The petitioner in these Original Petitions are one
and the same. These Original Petitions are filed,
when execution warrant was issued and the
petitioner was arrested in connection with the
execution of the order in MC No.264/2015 on the file
of the Family Court, Malappuram.
2. When OP(Crl.) 278/2023 came up for
consideration on 29.03.2023, this Court passed the
following order:
"Admit. Issue notice to the respondents
through speed post.
2. Learned Counsel for the petitioner submits
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
that, based on the impugned order, the
petitioner was arrested and is detained in
custody from 26.08.2021 onwards. It is also
submitted that, challenging the order passed in
a related C.M.P., the petitioner had moved O.P.
(Crl.) No.232/2023 and an order is passed
therein, directing to release the petitioner on
self bond. Despite such order being passed,
petitioner has not been released, in view of his
arrest and detention based on the impugned
order.
3. In view of the above submission, the
petitioner is directed to be released on self
bond. Further proceedings in C.M.P.(Exe.)
No.188/2020 in MC.No. 264/2015 on the files of
Family Court, Malappuram is stayed till
11.04.2023. In the meanwhile, the petitioner
shall come forward with a concrete suggestion
as to how he intends to pay the arrears of
maintenance allowance.
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
Post on 11.04.2023."
3. Thereafter, on 11.04.2023 this Court
passed the following order in the above Original
Petition:
"It is informed that on the strength of this
Court's order the petitioner has been
released from custody.
In such circumstances, there shall be an
interim stay of further proceedings in CMP
(EXE) No.188/2020 in MC No.264/2015
subject to the petitioner depositing
Rs.10,000/- (Rupees Ten Thousand only)
towards arrears of maintenance within one
month. The arrears, if deposited, shall
forthwith be released to the respondents."
4. As far as OP(Crl.) No.274/2023 is
concerned, this Court passed an interim order on
29.03.2023, which is extracted hereunder:
"Admit. Issue notice to the respondents
through speed post.
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
2. Learned Counsel for the petitioner submits
that, based on the impugned order, the
petitioner was arrested and is detained in
custody from 26.08.2021 onwards. It is also
submitted that, challenging the order passed in
a related C.M.P., the petitioner had moved O.P.
(Crl.) No.232/2023 and an order is passed
therein, directing to release the petitioner on
self bond. Despite such order being passed,
petitioner has not been released, in view of his
arrest and detention based on the impugned
order.
3. In view of the above submission, the
petitioner is directed to be released on self
bond. Further proceedings in C.M.P.(Exe.)
No.78/2018 in M.C.No.264/2015 on the files of
Family Court, Malappuram is stayed till
11.04.2023. In the meanwhile, the petitioner
shall come forward with a concrete suggestion
as to how he intends to pay the arrears of
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
maintenance allowance.
Post on 11.04.2023."
5. Thereafter, another order was passed on
11.04.2023 in the same case, which is also extracted
here under:
"It is informed that on the strength of this
Court's order the petitioner has been released
from custody.
In such circumstances, there shall be an
interim stay of further proceedings in CMP
(Exe.) No.78/2018 in MC No.264/2015 subject
to the petitioner depositing Rs.10,000/-
(Rupees Ten Thousand only) towards arrears of
maintenance within one month. The arrears, if
deposited, shall forthwith be released to the
respondents."
6. As far as OP(Crl.) No.277/2023 is
concerned, when this Original Petition came up for
consideration on 29.03.2023, this Court passed the
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
following order:
"Admit. Issue notice to the respondents
through speed post.
2. Learned Counsel for the petitioner submits
that, based on the impugned order, the
petitioner was arrested and is detained in
custody from 26.08.2021 onwards. It is also
submitted that, challenging the order passed
in a related C.M.P., the petitioner had moved
O.P.(Crl.) No.232/2023 and an order is passed
therein, directing to release the petitioner on
self bond. Despite such order being passed,
petitioner has not been released, in view of
his arrest and detention based on the
impugned order.
3. In view of the above submission, the
petitioner is directed to be released on self
bond. Further proceedings in C.M.P.(Exe.)
No.51/2022 in M.C.No. 264/2015 on the files
of Family Court, Malappuram is stayed till
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
11.04.2023. In the meanwhile, the petitioner
shall come forward with a concrete
suggestion as to how he intends to pay the
arrears of maintenance allowance.
Post on 11.04.2023."
7. Subsequently, another order was passed
on 11.04.2023 in the same case, which is also
extracted hereunder:
"It is informed that on the strength of this
Court's order the petitioner has been released
from custody.
In such circumstances, there shall be an
interim stay of further proceedings in CMP
(Exe.) No.51/2022 in MC No.264/2015 subject
to the petitioner depositing Rs.10,000/-
(Rupees Ten Thousand only) towards arrears of
maintenance within one month. The arrears, if
deposited, shall forthwith be released to the
respondents."
8. Today, these cases came up for
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
consideration together. Admittedly there are some
arrears of maintenance to be paid by the petitioner
as per the order in MC No.264/2015. Some amount is
deposited as per the impugned order and the
petitioner was released from prison based on the
interim orders passed by this Court. In such
circumstances, the petitioner can approach the
Family Court with appropriate application for granting
time to deposit the balance arrears or to get
installment facility. If such an application is filed, the
Family Court will consider the same and pass
appropriate orders in it, in accordance with law.
With these observations, these Original
Petitions(Crl.) are disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
APPENDIX OF OP(CRL.) 274/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER DATED
30.9.2021 IN CMP ( EXE) NO. 78/2018
IN MC. NO. 264/2015 ON THE FILE OF
FAMILY COURT, MALAPPURAM
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
APPENDIX OF OP(CRL.) 278/2023
PETITIONER EXHIBITS
Exhibit P1 . THE TRUE COPY OF THE ORDER DATED
03.08.2022 IN CMP (EXE) NO.
188/2020 IN MC. NO. 264/2015 ON THE
FILE OF FAMILY COURT, MALAPPURAM
OP (Crl.) Nos.274, 277 & 278 of 2023
2025:KER:37469
APPENDIX OF OP(CRL.) 277/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED
3/8/2022 IN EX. CMP NO.51/2022 IN
M.C NO. 264/2015 OF THE FAMILY
COURT, MALAPPURAM
//TRUE COPY//
PA TO JUDGE
