Kerala High Court
R.Sathish Kumar vs Vanitha on 29 May, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
CRL.MC NO. 4056 OF 2025
MC NO.16 OF 2018 OF GRAMA NYAYALAYA, NEDUMKANDOM
PETITIONER/RESPONDENT:
R.SATHISH KUMAR
AGED 35 YEARS
S/O RAJA, 4/654, THIRUVALLAVAR NAGAR, ALAGARSAMIPURAM,
VADAKARAI, PERIYAKULAM, THENI DISTRICT, TAMIL NADU,
PIN - 625601
BY ADV LATHEESH SEBASTIAN
RESPONDENTS/PETITIONER & STATE:
1 VANITHA
AGED 38 YEARS
D/O NADARAJAN, HOUSE NO.2/373, PUTHUPARAMBIL,
RAJAKUMARY ESTATE, KAJANAPPARA POST, KUMBAPPARA,
RAJAKUMARY, IDUKKI DISTRICT, PIN - 685619
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
SMT PUSHPALATHA M.K., SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
29.05.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C 4056/2025 2
ORDER
The grievance of the petitioner in this petition is that the Grama Nyayalaya, Nedumkandam, has been proceeding against him for the realisation of maintenance amount notwithstanding a similar order passed by the Madurai Bench of the Madras High Court, in connection with the same matter.
2. Annexure A1 order of the Principal District and Sessions Court, Theni, and Annexure A4 order of the Madurai Bench of the Madras High Court are relied on by the learned counsel for the petitioner in support of the contention that maintenance at the rate of Rs.7500/- per month to the 1st respondent and her child had already been ordered by the said court, and that the learned Nyayadhikari has been proceeding against the petitioner by taking coercive steps for the realisation of the maintenance amount ordered by the Gram Nyayalaya in total ignorance of the aforesaid order of the Madurai Bench of the Madras High Court in the same matter. 3. Notice has been duly served to the 1st respondent. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the 2nd respondent.
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5. Annexure A1 is the order passed by the Principal District and Sessions Judge, Theni, in the matter of dissolution of the marriage between the petitioner and the 1st respondent. As per the aforesaid order, the marriage between the petitioner and the 1st respondent, solemnised on 10.02.2014, was ordered to be dissolved. Annexure A4 is the judgment of the Madurai Bench of the Madras High Court in CMA(MD) No.115/2022 dated 26.03.2024, wherein the amount of Rs.2500/- per month was awarded as maintenance for the 1st respondent, and an amount of Rs.5000/- per month for her child. Thus, it appears that the issue regarding maintenance amount, to which the 1st respondent is entitled, has been finally decided by the Madurai Bench of the Madras High Court, and hence there is no scope for re-agitation of the same matter before Grama Nyayalaya, Nedumkandam.
6. Therefore, the Grama Nyayalaya, Nedumkandam, is bound to take into account Annexures A1 and A4 orders while deciding the claim of maintenance as well as residence of the 1st respondent.
In the result, the petition is disposed of with the following directions:
i) The Nyayadhikari of the Grama Nyayalaya, Nedumkandam, is directed to take into account Annexures A1 and A4 orders while deciding the claim of maintenance and residence of the 1st respondent (petitioner in MC 2025:KER:37444 Crl.M.C 4056/2025 4 No.16/2018)
ii) If any order had already been passed contradictory to the directions in Annexure A4 order, the learned Nyayadhikari shall take immediate steps to recall such order and to make appropriate modifications.
iii) It is made clear that the learned Nyayadhikari is empowered to look into the question whether the petitioner is making payment of maintenance amount to the 1st respondent and her child in accordance with the order of the Madurai Bench of Madras High Court in Annexure A4, and to take steps for enforcement of the said order if it is found to be not complied with.
iv) In the meanwhile, warrant, if any, ordered against the petitioner, shall be kept in abeyance for a period of two weeks from today, to enable the petitioner to mobilise funds for the payment of maintenance amount to 1st respondent and her child.
Sd/-
G.GIRISH
JUDGE
IAP
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APPENDIX OF CRL.MC 4056/2025
PETITIONER'S ANNEXURES:
Annexure 1 TRUE COPY OF THE ORDER OF THE PRINCIPAL
DISTRICT COURT, THENI IN ID O.P NO.5/2018 DATED 07.06.2018 Annexure 2 TRUE COPY OF THE PETITION IN M.C NO.16/2018 OF GRAMA NYAYALAYA, NEDUMKANDAM DATED 24.07.2018 Annexure 3 TRUE COPY OF THE ORDER OF THE GRAMA NYAYALAYA, NEDUMKANDAM DATED 01.08.2018 CMP NO.646/2018 IN M.C NO.16/2018 Annexure 4 TRUE COPY OF THE JUDGMENT OF THE MADURAI BENCH OF MADRAS HIGH COURT IN CMA (MD) NO.115/2022 DATED 26.03.2024 Annexure 5 TRUE COPY OF THE ORDER OF THE APEX COURT IN SLP (CIVIL) DIARY NO.55978/2024 DATED 20.12.2024 Annexure 6 TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT IN M.C NO.16/2018 ON 27.12.2024 OF GRAMA NYAYALAYA, NEDUMKANDAM