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Kerala High Court

Justin Rajan vs Lurdh Mary on 17 March, 2017

Author: B. Sudheendra Kumar

Bench: B.Sudheendra Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

           THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

       FRIDAY, THE 17TH DAY OF MARCH 2017/26TH PHALGUNA, 1938

                    OP(Crl.).No. 51 of 2017 (Q)
                    ----------------------------

                 M.C.67/2010 PENDING BEFORE THE FAMILY COURT,
                         THIRUVANANTHAPURAM

PETITIONER:
-------------

            JUSTIN RAJAN,
            S/O.GEORGE, AGED 38 YEARS,
            T/C.NO.80/1559, PUTHUVEL PUTHEN VEEDU,
            BALANAGAR, VETTUKAD, TITANIUM P.O.,
            THIRUVANANTHAPURAM.


            BY ADV. SRI.SABU S.KALLARAMOOLA

RESPONDENT(S):
--------------

            LURDH MARY,
            D/O.MARIYA SELVAM, AGED 34 YEARS,
            THALAVAIPURAM, MELERAMANPUTHUR,
            NAGERCOIL, TAMILNADU - 629 004.



       THIS OP (CRIMINAL)  HAVING BEEN FINALLY HEARD  ON
17-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 51 of 2017 (Q)
----------------------------

                             APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------

EXHIBIT P1.      TRUE COPY OF ORDER IN M.C.67/2010 PENDING BEFORE
                 THE FAMILY COURT, THIRUVANANTHAPURAM.

RESPONDENT'S  EXHIBITS: NIL




                                              //TRUE COPY//



                                              P.A. TO   JUDGE

STK
opy//



                B. SUDHEENDRA KUMAR, J.
                  --------------------------------
                 O.P.(Crl.) No.51 of 2017
                 ----------------------------------
           Dated this the 17th day of March, 2017

                          JUDGMENT

The limited prayer in this petition is to permit the petitioner to pay the arrear amount of maintenance of Rs.77,000/- in ten equal monthly installments.

2. Considering the limited nature of the prayer, I am of the view that it is not necessary to issue notice to the respondent.

3. Having regard to the nature of the prayer, I am inclined to permit the petitioner to deposit before the court below the above said amount of Rs.77,000/- (Rupees Seventy seven thousand only), which is due in C.M.P.No.70/2014 in M.C.No.67/2010 on the files of the Family Court, Thiruvananthapuram, in six equal monthly instalments, starting from 3rd April 2017. Accordingly, I order so. I make it clear that if the petitioner makes default O.P.(Crl.) No.51 of 2017 -: 2 :- in depositing any one of the instalments as directed above, the court below shall be at liberty to recover the amount by resorting to coercive steps If the amount is deposited, the respondent herein shall be at liberty to withdraw the same from the court below.

With the above observation, this Crl.M.C. stands disposed of.

The warrant will be kept in abeyance, if the petitioner pays the amount as directed above.

Sd/-

B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P.A. TO JUDGE// //True co