Kerala High Court
Kurian George vs Anu Juneo on 26 September, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.).No.648 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 26TH DAY OF SEPTEMBER 2025 / 4TH ASWINA, 1947
OP(CRL.) NO. 648 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 18.03.2020 IN MC NO.53
OF 2018 OF FAMILY COURT, IRINJALAKUDA
PETITIONER(S)/PETITIONER IN CMP 697 OF 2025/RESPONDENT IN MC
NO.53 OF 2018 PENDING BEFORE THE FAMILY COURT, IRINJALAKUDA:
KURIAN GEORGE
AGED 38 YEARS
S/O. GEORGEKUTTY, MARIYA HOUSE, 28/2513 D, 3RD
CROSS, RAVINDRAN ROAD, KADAVANTHRA, KOCHI,
PIN - 682020
BY ADVS.
SMT.NAVYA SEBY
SRI.M.S.AMAL DHARSAN
RESPONDENT(S)/RESPONDENTS IN CMP 697 OF 2025/PETITIONER IN MC
NO.53 OF 2018 PENDING BEFORE THE FAMILY COURT, IRINJALAKUDA:
1 ANU JUNEO
AGED 38 YEARS
D/O. JUNEO JOHN, KANDAMKULATHI HOUSE, POOMANGALAM
VILLAGE, ARIPPALAM P.O, MUKUNDAPURAM TALUK,
THRISSUR, PIN - 68068
2 GEORGE KURIAN
AGED 8 YEARS
MINOR, S/O. KURIAN GEORGE, KANDAMKULATHI HOUSE,
POOMANGALAM VILLAGE, ARIPPALAM P.O., MUKUNDAPURAM
O.P.(Crl.).No.648 of 2025
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TALUK,THRISSUR, REPRESENTED BY HIS MOTHER ANU JUNEO,
PIN - 680688
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
26.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).No.648 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
O.P.(Crl.) No.648 of 2025
-------------------------------
Dated this the 26th day of September, 2025
JUDGMENT
The above Original Petition (Crl.) is filed seeking the
following reliefs:
"a. To direct the Family Court, Irinjalakuda to hear
and dispose of MP 697/2025 in MC 53/2018 expeditiously
within a time frame fixed by this Hon'ble Court and to keep
in abeyance all proceedings in MP 362/2020 in MC 53/2018
till orders are passed in the MP No. 697/2025;
b. To dispense with the filing of translation of
vernacular documents.
c. Grant such other reliefs as this Honourable
Court deems fit and proper in facts and circumstances of
the case."[SIC]
2. The petitioner suffered Ext.P2 ex parte order.
The petitioner filed a petition to set aside the ex parte order
with a petition to condone the delay in filing the petition to set
aside the ex parte order. Ext.P7 is the petition to set aside the
ex parte order. In the meanwhile, an execution petition was
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filed by the respondents as evident by Ext.P5, and a warrant
was issued as evident by Ext.P6. The submission of the
petitioner is that, without considering the petition to set aside
the ex parte order with a delay condonation petition, the Family
Court erred in issuing warrant against the petitioner based on an
ex parte order passed against the petitioner.
3. Heard the learned counsel appearing for the
petitioner. The manner in which this Original Petition is going to
be disposed of, no notice is necessary to the respondents. If the
respondents are aggrieved by any of the directions issued by
this Court, they are free to file a Review Petition before this
Court.
4. Admittedly, the petitioner suffered an ex parte
order. It is also an admitted fact that the petitioner filed a
petition to set aside the ex parte order as evident by Ext.P7. It
is also submitted that a petition to condone the delay in filing
Ext.P7 is also pending. In such circumstances, the Family Court
ought to have considered those applications before proceeding
further. But the interest of the respondents also have to be
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protected by this Court. As per Ext.P2 ex parte order, the
Family Court directed the petitioner to pay maintenance to the
respondents @ Rs.20,000/- and Rs.10,000/- per month,
respectively. Considering the facts and circumstances of the
case, there can be a direction to the petitioner to deposit the
entire arrears of maintenance as on today @ Rs.8,000/- and
Rs.5,000/- per month, respectively, and if such a deposit is
made, there can be a direction to consider Ext.P7. Till then the
execution warrant can be kept in abeyance. If the amount is not
paid, the Family Court can proceed with the execution in
accordance with the law.
Therefore, this Original Petition (Crl.) is disposed of in
the following manner:
1. The petitioner is directed to pay the entire arrears of
maintenance to the respondents @ Rs.8,000/- and
Rs.5,000/- per month, respectively, from the date of
application filed for interim maintenance, within a period
of one month from today. If the amount is deposited as
directed above, the Family Court can disburse the
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amount to the respondents.
2. If the amount as directed above is deposited, the Family
Court will consider Ext.P7 along with the petition to
condone the delay, as expeditiously as possible, at any
rate, within a period of one month from the date of
deposit of the above amount.
3. If the amount is deposited as directed above, coercive
steps based on Ext.P6 shall be deferred till final orders
are passed in Ext.P7.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
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APPENDIX OF OP(CRL.) 648/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MC 53/2018 FILED BY THE
RESPONDENTS ON 09.03.2018 BEFORE THE
FAMILY COURT, IRNJALAKUDA
EXHIBIT P2 TRUE COPY OF THE ORDER IN MC 53/2018 DATED
18.03.2020 PASSED BY THE FAMILY COURT,
IRNJALAKUDA
EXHIBIT P3 COPY OF THE PHOTOGRAPHS DATED 13.01.2021
OF THE MARRIAGE OF THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE MP 37/2021 FILED BY THE
PETITIONER IN MC 53/2018 BEFORE THE FAMILY
COURT, IRINJALAKUDA
EXHIBIT P5 TRUE COPY OF THE MP 38/2021 FILED BY THE
PETITIONER IN MC 53/2018 BEFORE THE FAMILY
COURT, IRINJALAKUDA
EXHIBIT P6 TRUE COPY OF THE ARREST WARRANT ISSUED BY
FAMILY COURT, IRINJALAKUDA DATED
20.05.2025
EXHIBIT P6(A) TRUE COPY OF THE MP 362/2020 FILED BY THE
Exhibit P7 TRUE COPY OF THE MP 697/2025 FILED BY THE
PETITIONER IN MC 53/2018 BEFORE THE FAMILY
COURT, IRINJALAKUDA
