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Kerala High Court
Jibeesh vs Nabeena K.A on 21 January, 2026
Author: Devan Ramachandran
Bench: Devan Ramachandran
2026:KER:5105
OP (FC) NO. 9 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
WEDNESDAY, THE 21ST DAY OF JANUARY 2026 / 1ST MAGHA, 1947
OP (FC) NO. 9 OF 2026
AGAINST THE ORDER DATED 17.12.2025 IN EP NO.14 OF 2023
OF FAMILY COURT, NORTH PARAVUR
PETITIONER(S)/ JUDGMENT DEBTOR
JIBEESH
AGED 29 YEARS
KARAYIL VAZHEPPALLY, AALANTHIRUTHU, VADEKKEKARA
VILLAGE, PIN - 683522
BY ADV SHRI.HAPPYMON BABU
RESPONDENT(S)/ DECREE HOLDER:
NABEENA K.A
AGED 21 YEARS
KARAYIL, KEZHAKKETHOPPIL VEEDU, MATTUPURAM,
AALANGATTU., PIN - 683511
BY ADVS.
SHRI.VINU A.V
SRI.K.SHAJU VARGHESE
SHRI.LEO SANJO
SMT.ANASWARA K.P.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
21.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (FC) NO. 9 OF 2026
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DEVAN RAMACHANDRAN & M.B.SNEHALATHA, JJ.
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OP(FC) No.9 of 2026
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Dated this the 21st day of January, 2026
JUDGMENT
Devan Ramachandran, J.
The petitioner Challenges Ext.P1 order, as per which, he
has been confined to civil prison for the reason that he has not
complied with the direction to pay maintenance to the
respondent, as contained in the order dated 12.06.2018, of
the learned Family Court, North Paravur, in O.P No.1058/2017.
2.We do not propose to deal with the controversy in detail
for the singular reason that, the learned counsel on both sides
say that, pending this matter, their respective clients have
entered into an agreement.
3.We see that a Joint Memo has been filed by the learned
counsel for the parties, wherein, the petitioner agrees to pay
arrears of maintenance in the manner as mentioned in
Paragraph 3 thereof.
4.It is affirmed by the learned counsel for the respondent,
Sri. Vinu A.V, that his client is agreeable to receive the
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OP (FC) NO. 9 OF 2026
amounts as undertaken by the petitioner in the Joint Memo;
and hence that she would not stand in the way of this court
releasing the said person from civil prison. He, however,
prayed that, in the event the petitioner violates the
undertaking made before this court, then liberty may be left to
the learned Family Court to proceed against him, as per law,
under the provision of Order XXI Rule 37 of CPC.
5.The above submissions of the learned counsel for the
respondent was fully affirmed by Sri Happymon Babu - the
learned counsel for the petitioner.
6.Since both sides request as afore, we allow this original
petition and quash the impugned order, thus setting the
petitioner at liberty, subject to the proceedings and provisions
as are applicable; however, clarifying that this is solely on
account of the Joint Memo filed the learned counsel for the
parties, a copy of which, shall stand appended to this
judgment.
Needless to say, we order the petitioner to implicitly
comply with his obligations under the Joint Memo; and should
he violate any of them, then we leave full liberty to the
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OP (FC) NO. 9 OF 2026
respondent to move the learned Family Court appropriately,
which will then take necessary action against the former, in
terms of law, including under the provisions of Order XXI Rule
37 of CPC, without having to obtain any further orders from
this Court.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
Sd/-
M.B.SNEHALATHA, JUDGE
SJ
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OP (FC) NO. 9 OF 2026
APPENDIX OF OP (FC) NO. 9 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 17.12.2025
PASSED IN E.P NO. 14/2023 IN O.P NO.
1058/2017 BY THE HON'BLE FAMILY COURT,
THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF THE EXECUTION PETITION FILED
BY THE RESPONDENT/ JUDGMENT DEBTOR BEFORE
THE HON'BLE FAMILY COURT, NORTH PARAVUR
Exhibit P3 THE TRUE COPY OF THE B DIARY PROCEEDINGS
OF THE FAMILY COURT NORTH PARAVUR IN IN
RESPONDENT ANNEXURES
Annexure A3 TRUE COPY OF BALANCE STATEMENT FILED BY
THE COUNSEL OF THE RESPONDENT WHICH SHOWS
THE BALANCE OF PAYMENT TO BE RECEIVED
FROM THE PETITIONER BY THE RESPONDENT
Annexure - R1 True copies of the decree in OP
No.1058/2027 dated 12th june 2018
Annexure - R2 True copies of the Judgment in OPC
No.1058/ 2017 dated 12th June 2018
BEFORE THE HON'BLE HIGH COURT OF KERALA AT
ERNAKULAM
Petitioner : Jibeesh
Respondent: Nabeena K.A
JOINT MEMO FILED BY THE COUNSEL FOR THE
PETITIONER AND THE RESPONDENT
1. Weare the counsel for the Petitioner and Respondent in the above
case, and we know the facts of the case. The Petitioner is the Judgment
Debtor in the Execution Petition No. 14/ 2023 arising out of O.P. No.
1058 of 2017on the files of the Hon'ble Family Court,North Paravur.
2. The above OP (F.C) petition is filed by the Petitioner in aggrieved of
the impugned order dated 17/ 12 2025, whereby coercive steps
including arrest were ordered against him by the Family Court North
Paravur. The Respondent is the Decree Holder and the Original
Petitioner before the Family Court.
3. The petitioner is ready to pay Rs. 50,000(Rs. Fifty Thousand only)
within 24th January, 2026 Saturday. and ready to pay another
Rs.50,000(Rs. Fifty Thousand only) within 28h of January, 2026. It is
humbly submitted that the petitioner is ready to pay RS. 3 lakhs within
45 days from 28h January, 2026. It is also submitted that the petitioner
is ready to pay the balance amount of Rs. 4 lakhs as 5 instalments of
Rs. 80,000( Rs. Eighty Thousand only) to the Respondent. In default of
any of the conditions the decree holder is entitled for the entire amount
as per the decree with intrest 6% per annum
All facts stated above are true.
Dated this the 21st* day of January 2026.
Happymon Babu Leo Sanjo
Counsel for the Petitioner Counsel for the Respondent
