Kerala High Court
Gigi K.G vs Geethu Lakshmanan on 27 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:36710
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. 884 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 17.10.2024 IN MC
NO.221 OF 2020 OF FAMILY COURT, MUVATTUPUZHA
PETITIONER/RESPONDENT IN MP/RESPONDENT IN MC:
GIGI K.G
AGED 38 YEARS
S/O GOPALAN, KIZHAKKETHACHAMPURATH HOUSE,
MUVATTUPUZHA P.O., ADOOPARAMB KARA,
MUVATTUPUZHA VILLAGE, ERNAKULAM, PIN - 686661
BY ADVS.
S.RENJITH
P.K.SREEVALSAKRISHNAN
K.R.PRATHISH
RESPONDENT/PETITIONER IN MP/PETITIONER IN MC:
GEETHU LAKSHMANAN
AGED 33 YEARS
D/O LAKSHMANAN, KUTTIYANICKAL HOUSE, UZHAVOOR
VILLAGE, AREEKKARA KARA, PIUS MOUNT P.O.,
MEENACHIL TALUK, KOTTAYAM, PIN - 686636
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(CRL.) NO.884 OF 2024
2
P.V.KUNHIKRISHNAN, J
--------------------------------
O.P (Crl) No.884 of 2024
-------------------------------
Dated this the 27th day of May, 2025
JUDGMENT
The above Original Petition (Crl) is filed with the following
prayers:
"i. Call for record leading to the Ext.P7 order
dated 17.10.2024 in M.P No.833 of 2023 in M.C.
No.221 of 2020 on the file of Family Court,
Muvattupuzha and set aside the same as it is
illegal, improper and irregular by allowing this
petition.
ii. Dispense with filing of the translation of
documents in Malayalam produced in the
above Original Petition (Criminal).
iii. Allow this petition with cost."
[SIC]
2. The petitioner filed M.P No. 833 of 2023 in M.C
No.221 of 2020 before the Family Court, Muvattupuzha, to set
aside Ext.P2 ex-parte order. In that application, the Family Court
passed the following order without considering the prayer in the
petition.
" Counsel for petitioner submitted that
petitioner in the MC is employed and
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OP(CRL.) NO.884 OF 2024
suppressing the same MC was filed. On
verification of the order in MC it is seen that
petitioner in MC has not suppressed her job. Rs.
2,17,000/-is in arrears as on July 2023.
Therefore petitioner is directed to pay Rs.1 lakh
towards arrears of interim maintenance by
30/10/2024.
3. Hence, this Original Petition.
4. Heard the learned counsel for the petitioner. Even
though notice is issued to the respondent, there is no
appearance.
5. When this Original Petition came up for consideration
before this Court on 12.12.2024, this Court passed the following
order;
"Admit.
Issue notice to the respondent as well as to
the counsel appearing for the respondent at
the Family Court.
Post on 15.01.2025.
The impugned order shall stand stayed on
condition that the petitioner shall deposit a
sum of Rs.50,000/- towards the maintenance
within ten days. The respondent is entitled to
withdraw the same."
6. Thereafter, when the matter came up for
consideration on 15.01.2025, this Court passed the following
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OP(CRL.) NO.884 OF 2024
order:
" It is submitted that out of Rs. 50,000/-
directed to be paid, the petitioner has paid
only Rs. 25,000/-. The petitioner shall pay the
balance amount of Rs. 25,000/- within a week
from today.
The petitioner shall serve notice to the counsel
appearing for the respondent at the Family
Court.
Post on 28.01.2025. Interim order is extended
till then."
7. Today, when the matter came up for consideration,
counsel for the petitioner submitted that the directions in the
order dated 12.12.2024 & 15.01.2025 have been complied with.
If that is the case, there can be a direction to the Family Court,
Muvattupuzha, to consider the application to set aside the ex
parte order along with the application to condone the delay in
filing that petition. Therefore, this Original Petition is disposed of
with the following directions:
1. The Family Court, Muvattupuzha, is
directed to consider and pass appropriate
orders in Exts.P3 & P4 as expeditiously as
possible at any rate within six weeks from the
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OP(CRL.) NO.884 OF 2024
date of receipt of a copy of this judgment. Till
then further recovery proceedings based on
ex-parte order as evident by Ext.P7 shall be
kept in abeyance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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OP(CRL.) NO.884 OF 2024
APPENDIX OF OP(CRL.) 884/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE M.C. NO. 221 OF 2020
OF THE FAMILY COURT, MUVATTUPUZHA
DATED 23.12.2020
Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT
DATED 29.04.2023 IN OP NO. 917 OF
2020 & M.C. NO. 221 OF 2020 OF THE
FAMILY COURT, MUVATTUPUZHA
Exhibit P3 TRUE COPY OF THE M.P NO. 833 OF 2023
IN M.C. NO. 221 OF 2020 OF THE FAMILY
COURT, MUVATTUPUZHA DATED 20.12.2023
Exhibit P4 TRUE COPY OF THE MP NO. 834 OF 2023
IN M.C. NO. 221 OF 2020 OF THE FAMILY
COURT, MUVATTUPUZHA
Exhibit P5 TRUE COPY OF THE APPLICATION DATED
02.08.2024 SUBMITTED BY THE
PETITIONER UNDER THE RIGHT TO
INFORMATION ACT
Exhibit P6 TRUE COPY OF THE REPLY DATED
29.08.2024 ISSUED BY THE ASSISTANT
LABOUR OFFICER, MUVATTUPUZHA
Exhibit P7 TRUE COPY OF THE ORDER DATED
17.10.2024 IN M.P NO. 833 OF 2023 IN
M.C. NO. 221 OF 2020 OF THE FAMILY
COURT, MUVATTUPUZHA
