Kerala High Court
Suhadath.K.K vs Shihab K. B on 13 September, 2023
Author: P. V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
OP(CRL.) NO. 584 OF 2023
AGAINST THE ORDER IN MC 102/2014 OF FAMILY COURT,ERNAKULAM
PETITIONERS/PETITIONERS:
1 SUHADATH.K.K, AGED 38 YEARS, D/O KUNJUMOHAMMED,
KANCHANKUZHY, MALAYIDAMTHURUTH P.O, KIZHAKKAMBALAM
VILLAGE, KUNNATHUNADU TALUK, PERUMBAVOOR .
REPRESENTED BY POWER OF ATTORNEY HOLDER K.M.
KUNJUMOHAMMED, AGED 73 YEARS, KANCHANKUZHY,
MALAYIDAMTHURUTH P.O, KIZHAKKAMBALAM VILLAGE,
KUNNATHUNADU TALUK, PERUMBAVOOR, PIN - 683561
2 AHAMMED AMAN (MINOR ), AGED 13 YEARS
S/O SHIHAB, KANCHANKUZHY, MALAYIDAMTHURUTH P.O,
KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK,
PERUMBAVOOR . (MINOR REPRESENTED BY MOTHER 1 ST
PETITIONER), PIN - 683561
BY ADVS.
R.LEELA
M.SREELAKSHMI
SHINI MARY SANU
RESPONDENT/RESPONDENT:
SHIHAB K. B., AGED 43 YEARS
S/O K.P. BEERAN, KOLLAMPARAMBIL HOUSE,
PALILLAMKARA, HMT .P.O THRIKKAKKARA NORTH VILLAGE,
KANAYANNOOR TALUK ., PIN - 683503
SRI VIPIN NARAYAN, PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(Crl).584/2023 2
P. V. KUNHIKRISHNAN, J.
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O.P(Crl).No.584 of 2023
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Dated this the 13th day of September, 2023
JUDGMENT
This O.P(Crl) is filed with the following prayers:
i. Call for the report pertaining to M.P. No.80/2019, MP 10/2020, MP 117/2020, MP 73/2022 in M.C.No.102/2014 pending before the Family Court, Ernakulam for arrears of maintenance of minor child and Direct the Court below to take effective steps for recovery of arrears;
ii. Direct the Court below to expedite the proceedings in M.P. No.80/2019, MP 10/2020, MP 117/2020, MP 73/2022 in M.C.No.102/2014.
iii. Issue such other relief as this Hon'ble Court deems fit in the circumstances of the case.
2. The main prayer in this petition is to call for the report pertaining to M.P.No.80/2019, MP 10/2020, MP 117/2020, MP 73/2022 in M.C.No.102/2014 pending before the Family Court, Ernakulam for arrears of maintenance of minor child and directing the court below to take effective steps. This Court directed the Registry to get a report from the Family Court. The Family Court submitted a O.P(Crl).584/2023 3 report. It will be beneficial to extract the same.
'Official Memorandum cited I above was received by this Court on 11.08.2023 and therefore I could not comply with the direction to submit this report on or before 10-08-2023.
Among the four Execution MP referred above, MP 80/2019 was filed on 29-05-2019. Due to Covid pandemic, effective proceedings in the case could be taken only from 26.10.2021. In the meanwhile MP 10/2020 and MP 117/20 were also filed by the petitioner. Thereafter the 4 MP 73/22 was also filed by the petitioner.
The aggregate claim in all these petitions will come to Rs.8,40200---Out of the said claim the respondent paid a total sum of Rs.2,77,500/- In MP 117/2020 there is excess payment and the said MP can be closed after hearing both sides on their balance statement. The payments reflected in the copy of receipts produced by the respondent are given below.
Date M.P. M.P. M.P. M.P. 80/2019 10/2020 117/2020 73/2022 09.08.2021 25,000 26.10.2021 25,000 18.01.2022 27,500 17.02.2022 12,500 12,500 19.03.2022 25,000 28.11.2022 50,000 04.01.2023 25,000 27.03.2023 25,000 25.05.2023 25,000 17.06.2023 25,000 Total 75,000 12,500 1,90,000 O.P(Crl).584/2023 4
Distress warrant was ordered against the respondent. If there is no recovery through the distraint, more coercive steps can be initiated against the respondent. All cases posted to 17-08-2022 for further payment and hearing on balance.
This report is submitted for the kind consideration of the Hon'ble High Court.'
3. Today when the matter came up for consideration, counsel for the petitioner submitted that M.P.No.10/2020 and M.P.No.117/2020 are already closed. It is also submitted that in M.P.No.80/2019 an amount of Rs.50,000/- is paid. If that is the case, there can be a direction to the Family Court to expedite the disposal of M.P.Nos.80/2019 and 73/2022.
Therefore this O.P(Crl) case is disposed of directing the Family Court to dispose of M.P.No.80/2019 and 73/2022 in M.C.No.102/2014 on the file of the Family Court, Ernakulam as expeditiously as possible, if necessary, after taking coercive steps. If any fresh petition is filed for recovery of maintenance, the Family Court will proceed immediately in that application also.
sd/-
P. V. KUNHIKRISHNAN JUDGE Sbna/ O.P(Crl).584/2023 5 APPENDIX OF OP(CRL.) 584/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMMON ORDER DATED 23.06.2017 IN RP(FC) NO.286/2017 & RP (FC) NO.468/2016 Exhibit P2 THE TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER DATED 27.12.2021 Exhibit P3 THE TRUE COPY OF THE OBJECTION IN M.P.NO.10/2020 IN M.C.NO.102/2014 FILED BY THE RESPONDENT Exhibit P 4 THE TRUE COPY OF THE M.P.NO.73/2022 IN M.C.NO.102/2014 FILED BY THE PETITIONER Exhibit P5 THE TRUE COPY OF THE PETITION, M.C.NO.137/2019 IN M.C.102/2014 PENDING BEFORE THE FAMILY COURT, ERNAKULAM