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Kerala High Court
Suresh Kumar vs State Of Kerala on 25 March, 2026
2026:KER:26613
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
WEDNESDAY, THE 25TH DAY OF MARCH 2026 / 4TH CHAITHRA, 1948
CRL.MC NO. 1094 OF 2026
AGAINST THE ORDER DATED 21.01.2026 IN CRMP 4454/2025 IN
CRL.A NO.216 OF 2025 OF ADDITIONAL DISTRICT COURT (ADHOC),
THIRUVANANTHAPURAM, ARISING OUT OF THE ORDER DATED 25.09.2025
IN CMP 793/2025 IN MC NO.36 OF 2024 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II, THIRUVANANTHAPURAM.
PETITIONER:
SURESH KUMAR.,
AGED 52 YEARS,
S/O. PARAMESWARAN PILLAI, TC NO.41/145,
KIZHAKKEKUZHIVILAKAM, PADANNAVE LANE,
MANACADU P.O., THIRUVANANTHAPURAM,
AKSHAYA DOSA MAVU, NEAR MELAMKODU DEVI TEMPLE,
POOJAPPURA, THIRUVANANTHAPURAM,
PIN - 695 012.
BY ADVS.
SRI.JELSON J.EDAMPADAM
SHRI.M.FATHAHUDEEN
RESPONDENTS:
1 STATE OF KERALA.,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682 031.
Crl.M.C No.1094 of 2026
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2 SINDHU M.,
W/O. SURESH KUMAR, TC NO.41/145,
KIZHAKKEKUZHIVILAKAM, PADANNAVE LANE,
MANACADU P.O., THIRUVANANTHAPURAM.
NOW RESIDING AT SREE KRISHNA, TC 4/1665(2),
ATRWA-49, ATTUKAL, MANACAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695 009.
3 ANJANA S
AGED 20 YEARS
D/O SINDHU M., NOW RESIDING AT SREE KRISHNA,
TC 4/1665(2), ATRWA-49, ATTUKAL, MANACAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695 009.
4 AKSHAYA S.,
AGED 16 YEARS,
D/O SINDHU M., NOW RESIDING AT SREE KRISHNA,
TC 4/1665(2), ATRWA-49, ATTUKAL,
MANACAUD P.O., THIRUVANANTHAPURAM,
PIN - 695 009.
BY ADVS.
SHRI.ASWIN V. NAIR
SHRI. ZAFAR ANTONIO
SHRI.KARTHIK J SEKHAR
SHRI.SHINE N.S
SHRI.RAHUL S.NATH
SR.PP SMT BINDU O V
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
25.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.1094 of 2026
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ORDER
(Dated this the 25th day of March, 2026)
The respondent in MC No.36 of 2024 on the file of Judicial
First Class Magistrate Court-II, Thiruvananthapuram, who is the
appellant in Crl.A No.216 of 2025 before the Additional Sessions
Court, Thiruvananthapuram, filed this Crl.M.C under Section 528
BNSS, challenging Annexures- 4 and 5 orders.
2. The above MC was filed by the respondent under
Section 12 of the Protection of Women from Domestic Violence Act.
As per Annexure-1 order, the learned Magistrate passed various
orders, including a direction to the petitioner to pay monthly
maintenance of Rs.7,000/- to his wife and Rs.1,500/- each to his two
minor children. It appears to be an exparte order. The application
filed by the petitioner to set aside the exparte order was allowed by
the learned Magistrate as per Annexure-2 order with a condition to
pay a cost of Rs.3,000/-. Since the petitioner failed to comply the
said order, the application to set aside the exparte order was
dismissed by the learned Magistrate.
3. As per Annexure-4 order, the learned Magistrate
dismissed the application filed by the petitioner for extending time
for payment of costs. As per Annexure-5 order, the learned Sessions
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Judge directed the petitioner to pay 50% of the arrears of
maintenance as a condition for staying the execution proceedings.
4. The petition was opposed by the learned counsel for the
respondent and he also filed a counter affidavit.
5. The petitioner is not disputing the marriage as well as
the paternity of the children. In the above circumstances, he is
liable to pay maintenance to his wife and children.
6. After hearing the counsel on both sides, I hold that this
Crl.M.C can be allowed in case the petitioner is ready to pay atleast a
portion of arrears of maintenance due to his wife and children.
Therefore, this Crl.M.C is allowed on condition that the
petitioner shall pay 50% of the arrears of maintenance as ordered by
the learned Magistrate till date and continue to pay the same at the
above rate. Arrears of 50% of the maintenance till date is to be
deposited or paid within a period of one month from today. If the
petitioner complies the above condition, the learned Magistrate shall
restore the MC and dispose of the same on merits. In case the
petitioner fails to comply the above condition, this Crl.M.C will stand
dismissed.
Sd/-
C. PRATHEEP KUMAR
JUDGE
ADS
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APPENDIX OF CRL.MC NO. 1094 OF 2026
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER DATED 07.12.2024 OF
THE JUDICIAL FIRST CLASS MAGISTRATE'S
COURT-II, THIRUVANANTHAPURAM IN MC
NO.36/2024.
Annexure 2 TRUE COPY OF THE ORDER DATED 05.04.2025 IN
CMP NO. 201/25 IN MC NO.36/2024 OF THE
JUDICIAL FIRST CLASS MAGISTRATE'S COURT-
II, THIRUVANANTHAPURAM.
Annexure 3 TRUE COPY OF THE APPLICATION FILED TO
REVIVE AND EXTEND THE TIME LIMIT TO PAY
THE COST SPECIFIED IN ANNEXURE 2 ORDER.
Annexure 4 TRUE COPY OF THE ORDER DATED 25.09.2025 IN
CMP 793/25 IN MC NO.36/2024 OF THE
JUDICIAL FIRST CLASS MAGISTRATE'S COURT-
II, THIRUVANANTHAPURAM.
Annexure 5 TRUE COPY OF THE ORDER DATED 21.01.2026 IN
CRL. M.P. NO.4454/2025 IN CRL. A. 216/2025
ON THE FILES OF HON'BLE ADDITIONAL
SESSIONS COURT-I, THIRUVANANTHAPURAM.
RESPONDENT ANNEXURES
Annexure R2(a) THE TRUE COPY OF THE COMPLAINT DATED
23/09/2024 UNDER SECTION 12 OF THE
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
ACT, 2005 BEFORE THE LEARNED JUDICIAL
FIRST CLASS MAGISTRATE'S COURT-II,
THIRUVANANTHAPURAM, WHICH WAS NUMBERED AS
M.C. NO: 36/2024 PENDING BEFORE THE
LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S
COURT-II, THIRUVANANTHAPURAM AGAINST THE
PETITIONER.
Annexure R2(b) THE TRUE COPY OF THE CASE STATUS AND DAILY
ORDER DATED NIL FROM THE DCMS WEB PORTAL
OF MC NO: 36/2024 PENDING BEFORE THE
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LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S
COURT-II, THIRUVANANTHAPURAM
