Kerala High Court
Joshy vs Mini Joshy on 10 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
OP(CRL.) NO. 632 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 06.08.2025 IN MC NO.239 OF
2024 OF FAMILY COURT, IRINJALAKUDA
PETITIONER(S):
JOSHY
AGED 53 YEARS,
S/O ANKAMALI JOHNY,
ANKAMALI HOUSE, PUTHUKKAD P. O.,
THEKKE THORAVU DESOM.
THORAVU VILLAGE, MUKUNDAPURAM TALUK,
TRISSUR DISTRICT., PIN - 680301
BY ADVS.
SHRI.REJI MATHEW.M
SHRI.N.SAJU THOMAS
SHRI.MATHEW VARGHESE
SHRI.MATHEWS K. NELLUVELY
SHRI.JOEL REJI MATHEW
SHRI.ANDREW MATHEWS
RESPONDENT(S):
1 MINI JOSHY
AGED 45 YEARS,
W/O ANKAMALI JOSHY,
PUTHUKKAD P. O.,
THEKKE THORAVU DESOM.
THORAVU VILLAGE,
MUKUNDAPURAM TALUK,
TRISSUR DISTRICT, PIN 680301, & D/O CHIRAYATH
ANTHAPPAN, RESIDING AT CHIRAYATH HOUSE,
VARAKKARA P.O.,
VARAKKARA DESOM,
AMBALLUR VILLAGE,
MUKUNDAPURAM TALUK,
TRISSUR DISTRICT,. PIN - 680302
2 IMMANUAL JOSHY, MINOR, REP BY MOTHER,
MINI JOSHY
AGED 4 YEARS,
S/O ANKAMALI JOSHY,
PUTHUKKAD P. O.,
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OP(CRL.) NO. 632 OF 2025
2
THEKKE THORAVU DESOM.
THORAVU VILLAGE, MUKUNDAPURAM TALUK,
TRISSUR DISTRICT., PIN - 680301
SRI MAHESH V MENON
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
10.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(CRL.) NO. 632 OF 2025
3
JUDGMENT
This original petition is filed with the following
prayers:
(i) to call for the records leading to the order dated
06.08.2025 in M.P.No. 793/2024 in M.C.No.239/2024 on
the file of the Family Court, Irinjalakuda.
(ii) to set aside the Ext. P1 order dated 06.08.2025
in M.P.No.793/2024 in M.C.No.239/2024 on the file of the
Family Court, Irinjalakuda.
(iii) To grant such other reliefs as this Hon'ble
Court, may deem fit and proper in the interests of
justice."
2. The petitioner challenged Ext.P1 order by
which the petitioner is directed to pay interim maintenance
to respondent at the rate of Rs.7,000/- and Rs.5,000/-
respectively. When this original petition came up for
consideration before this Court on 23.09.2025, this Court
passed the following order:
"Admit.
Issue urgent notice to the respondents.
The petitioner is free to give a copy of this O.P.
(Crl) to the counsel appearing for the respondents before
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OP(CRL.) NO. 632 OF 2025
the Family Court and file a memo before this Court.
The interim maintenance awarded to the 1st
respondent alone is stayed on condition that the petitioner
will pay interim maintenance @ Rs.5,000/- to the 1 st
respondent towards the arrears as ordered by the Family
Court within two weeks and continue to pay the same.
But, I make it clear that, I have not stayed the interim
maintenance awarded to the 2nd respondent.
Post on 10/10/2025."
3. Heard the learned counsel for the petitioner
and the Sri.Mahesh.V.Menon, learned counsel for the
respondents.
4. Today, when the matter came up for
consideration, the learned counsel for the petitioner
submitted that the interim order is complied with and he is
ready to comply with the order till disposal of the case. If
that be the case, I am of the considered opinion that this
original petition need not be retained here. Interim order
can be retained and there can be a direction to the Family
Court to dispose of the main case itself, as expeditiously as
possible. If there is any violation of the interim order, the
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OP(CRL.) NO. 632 OF 2025
respondents can execute Ext.P1 order itself in accordance
with law.
Therefore, this writ petition is disposed of with the
following directions:
1. Interim order dated 23.09.2025 is retained and
it will continue till disposal of M.C.No.239 of
2024 of the Family Court, Irinjalakuda. I make it
clear that the Family Court, Irinjalakuda will
decide the main case untrammeled by any
observation in the impugned order or the
interim order dated 23.09.2025.
2. The Family Court, Irinjalakuda, will try to
dispose M.C.No.239 of 2024, as expeditiously as
possible.
3. If there is any violation of the interim order
dated 23.09.2025 by the petitioner, respondents
can execute Ext.P1 order itself in accordance
with law.
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OP(CRL.) NO. 632 OF 2025
4. All the contentions of the petitioner and the
respondents are left open and they are free to
agitate the same before the Family Court,
Irinjalakuda, in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nak
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OP(CRL.) NO. 632 OF 2025
APPENDIX OF OP(CRL.) 632/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 06.08.2025
IN M.P. NO. 793/2024 IN M.C. NO.
239/2024 PASSED BY THE FAMILY COURT,
IRINJALAKUDA.
Exhibit P2 TRUE COPY OF THE MC NO.239/2024 FILED
BEFORE THE FAMILY COURT, IRINJALAKUDA.
