Kerala High Court
Anilkumar.Pg vs Deepa.S. Nair on 29 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:38155
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 29 DAY OF MAY 2025 / 8TH JYAISHTA, 1947
OP(CRL.) NO. 68 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.56 OF 2019 OF
FAMILY COURT,ERNAKULAM
PETITIONER/RESPONDENT:
ANILKUMAR.PG
AGED 49 YEARS
S/O LATE GOVINDAN NAIR, PONAYIL HOUSE, IRAPURAM PO,
KUNNATHUNADU, ERNAKULAM, PIN - 683541
BY ADV SHRI.M.RETHEESHKUMAR
RESPONDENT/PETITIONER/STATE:
1 DEEPA.S. NAIR
AGED 40 YEARS
D/O LATE SIVARAMAN NAIR, CHELAKKATTU HOUSE, CHAITHANYA
NAGAR, EROOR WEST PO, THRIPPUNITHURA, ERNAKULAM,
PIN - 682306
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV SMT.SHERLY MOL THOMAS
SEETHA.S, SR.PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:38155
OP(CRL.) NO. 68 OF 2025
2
P.V.KUNHIKRISHNAN, J
--------------------------------
O.P (Crl) No.68 of 2025
-------------------------------
Dated this the 29th day of May, 2025
JUDGMENT
The above Writ Petition (Crl) is filed with the following
prayers:
"i. (i) Pass an order setting aside the Exhibit.P3
order passed by Hon'ble Family Court, Ernakulam
issuing warrant against the petitioner.
(ii) Pass an order staying all further proceedings
pursuant to Exhibit.P3 order issued by the Hon'ble
Family court, Emakulam."
[SIC]
2. When this Writ Petition (Crl) came up for consideration
on 28.01.2025, this Court passed the following order:
" Heard. Admitted.
Issue notice to the 1st respondent. The Public Prosecutor
takes notice for R2.
The non-bailable warrant issued as per the impugned
order shall stand stayed on condition that the petitioner
shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh)
before the Family Court, Ernakulam. It is made clear
that the stay will come into operation only from the
date of deposit of the amount. Before that, the Station
House Officer concerned is free to execute the
non-bailable warrant.
Post on 12.2.2025."
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OP(CRL.) NO. 68 OF 2025
3. And thereafter, on 13.02.2025, this Court passed the
following order:
" The learned counsel for the respondent No.1 entered
appearance. The learned counsel submits that in
Execution M.P.No. 56 of 2019, Rs.1,72,000/- is in
arrears. The learned counsel also submits that two
other execution petitions have been filed by the
respondent No.1, which are still pending. The learned
counsel submits that the total amount due involved in
those two execution petitions is more than
Rs.7,00,000/-. In these circumstances, interim order
passed in this original petition stands extended only on
condition that the petitioner shall deposit a sum of
Rs.1,00,000/- (Rupees One Lakh only). It is made clear
that the extension of the stay will come into operation
only on payment of the said sum of Rs.1,00,000/-
(Rupees One Lakh only).
Post on 14.03.2025."
4. The counsel for the petitioner submitted that, the
conditions in the above orders have been complied with and an
amount of Rs. 2 Lakhs has already been paid. Since the petitioner
deposited an amount of Rs. 2 Lakhs, the petitioner can approach
the Family Court with an appropriate application for granting time
to pay the balance amount. The coercive steps against the
petitioner shall be kept in abeyance till such an application is filed,
provided that the same is filed within a time frame.
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OP(CRL.) NO. 68 OF 2025
Therefore, this Original Petition is disposed of with the
following directions:
1. Petitioner is free to file an application before
the Jurisdictional Family Court to get further
time or an instalment facility to pay the balance
arrears within 10 days from the date of receipt
of a copy of this judgment.
2. If such an application is filed, the Family
Court will consider the same and pass
appropriate orders in it. If such an application is
filed, till final orders are passed in it, coercive
steps against the petitioner shall be kept in
abeyance.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
SSG
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OP(CRL.) NO. 68 OF 2025
APPENDIX OF OP(CRL.) 68/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE
DATED 21.08.2024
EXHIBIT P2 TRUE COPY OF THE CRIMINAL MISCELLANEOUS
PETITION NO 235/2024 DATED 15.03.2024
FILED BY THE PETITIONER BEFORE THE
HON'BLE FAMILY COURT AT ERNAKULAM
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 17.08.2024
ISSUED BY THE HON'BLE FAMILY COURT,
ERNAKULAM
EXHIBIT P4 TRUE COPY OF THE LOAN APPLICATION DATED
06.09.2024 SUBMITTED BY THE PETITIONER
BEFORE THE LRAPURAM CO-OPERATIVE BANK
EXHIBIT P5 TRUE COPY OF THE LAND TAX RECEIPT DATED
06.09.2024 ISSUED BY THE VILLAGE
OFFICER, IRAPURAM
EXHIBIT P6 TRUE COPY OF THE DISCHARGE SUMMERY DATED
31.07.2023 ISSUED FROM THE DEPARTMENT OF
GERIATRICS OF THE MEDICAL TRUST
HOSPITAL, ERNAKULAM
EXHIBIT P7 TRUE COPY OF THE DISCHARGE SUMMERY DATED
06.10.2023 ISSUED FROM THE DEPARTMENT OF
GERIATRICS OF THE MEDICAL TRUST
HOSPITAL, ERNAKULAM
EXHIBIT P8 TRUE COPY OF THE DISCHARGE SUMMERY DATED
26.01.2024 ISSUED FROM THE DEPARTMENT OF
GERIATRICS OF THE MEDICAL TRUST
HOSPITAL, ERNAKULAM
EXHIBIT P9 TRUE COPY OF THE DISCHARGE SUMMERY DATED
13.01.2025 ISSUED FROM THE DEPARTMENT OF
GERIATRICS OF THE MEDICAL TRUST
HOSPITAL, ERNAKULAM
RESPONDENT EXHIBITS
Exhibit R1(a) case status of Crl.M.P.56 of 2019 since
2019 till 2025
