Kerala High Court
Kadakulath Koyappathodi Abdul Salam vs Lubna on 27 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
O.P.(Crl.).No.286 of 2025
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2025:KER:36560
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
OP(CRL.) NO. 286 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN CMP (EX) NO.162 OF
2023 OF FAMILY COURT, MALAPPURAM ARISING OUT OF THE
ORDER/JUDGMENT DATED IN MC NO.281 OF 2021 OF FAMILY COURT,
MALAPPURAM
PETITIONER(S):
KADAKULATH KOYAPPATHODI ABDUL SALAM
AGED 50 YEARS
S/O. BEERAN KADAKULATH, KOYAPPATHODI HOUSE,PUTHUR
PALLIKKAL P.O KONDOTTY TALUK,PALLIKKAL AMSOM
DESOM, MALAPPURAM DT., PIN - 673634
BY ADV K.K.MOHAMED RAVUF
RESPONDENT(S):
1 LUBNA
AGED 43 YEARS
W/O KADAKULATH KOYAPPATHODI ABDUL SALAM,
KADAKULATH, KOYAPPATHODI HOUSE,PUTHOOR PALLIKKAL,
KONDOTTY TALUK, PALLIKKAL AMSOM DESOM, MALAPPURAM
DT., PIN - 673634
2 AYISHA LINA
AGED 16 YEARS
(MINOR), REPRESENTED BY MOTHER 1ST RESPONDENT ,W/O
O.P.(Crl.).No.286 of 2025
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2025:KER:36560
KADAKULATH KOYAPPATHODI ABDUL SALAM, KADAKULATH,
KOYAPPATHODI HOUSE,PUTHOOR PALLIKKAL, KONDOTTY
TALUK, PALLIKKAL AMSOM DESOM, MALAPPURAM DT.,
PIN - 673634
3 ASLA AYISHA
AGED 11 YEARS
(MINOR), REPRESENTED BY MOTHER 1ST RESPONDENT ,W/O
KADAKULATH KOYAPPATHODI ABDUL SALAM, KADAKULATH,
KOYAPPATHODI HOUSE,PUTHOOR PALLIKKAL, KONDOTTY
TALUK, PALLIKKAL AMSOM DESOM, MALAPPURAM DT.,
PIN - 673634
4 BABY LUBNA ,AGED 5 YEARS
(MINOR),REPRESENTED BY MOTHER 1ST RESPONDENT ,W/O
KADAKULATH KOYAPPATHODI ABDUL SALAM, KADAKULATH,
KOYAPPATHODI HOUSE,PUTHOOR PALLIKKAL, KONDOTTY
TALUK, PALLIKKAL AMSOM DESOM, MALAPPURAM DT.,
PIN - 673634
BY ADVS.
THAREEQ ANVER K
K.C.KHAMARUNNISA(K/627/1994)
ARUN CHAND(K/000860/2016)
RASSAL JANARDHANAN A.(K/000960/2018)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
27.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl.).No.286 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
O.P.(Crl.) No.286 of 2025
-------------------------------
Dated this the 27th day of May, 2025
JUDGMENT
The Original Petition (Crl.) is filed seeking the following reliefs:
"i. To call for the records leading to Exhibit P1 to P9 and quashed and set aside the entire proceedings in C.MP(EX)162/2023 in M.C no. 281/2021 of Family Court, malappuram ii. Such other further reliefs which this Hon'ble court deem fit and proper to grant in the facts and circumstances of this case."[SIC]
2. Petitioner is the respondent in M.C. No.281/2021 on the file of the Family Court, Malappuram and the respondents are the petitioners therein. As per Ext.P1 order, the petitioner was directed to pay maintenance to the respondents. An execution petition is filed as evident by Ext.P2 to recover the same. According to the petitioner, the O.P.(Crl.).No.286 of 2025 4 2025:KER:36560 entire amount is paid and Ext.P3 is the objection filed in Ext.P2 petition and Ext.P4 is the bank account statement. According to the petitioner, the same is stated in Ext.P6 counter affidavit filed by the respondents in Ext.P5 petition. Even then, coercive steps were taken and the petitioner was directed to pay the balance amount. At that stage, the petitioner filed O.P.(Crl.) No.863/2023 before this Court and this Court disposed of that Original Petition (Crl.) granting liberty to the petitioner to raise all the contentions before the Family Court. Even then the case is now posted for payment of balance amount, is the grievance of the petitioner.
3. I am of the considered opinion that the petitioner can file another application stating that the entire amount due as per Ext.P2 is paid, with supporting documents. If such an application is filed, there can be a direction to consider the same. Till then further recovery steps can be stayed.
O.P.(Crl.).No.286 of 20255
2025:KER:36560 Therefore, this Original Petition (Crl.) is disposed of in the following manner:
1. Petitioner is free to file a fresh application before the Family court, Malappuram stating that the entire amount due as per Ext.P2 is paid by the petitioner as evident by Ext.P4, within two weeks from the date of receipt of a copy of this judgment.
2. Once such an application is received, the Family Court will consider that application in the light of Ext.P4 and pass appropriate orders in it.
3. If such an application is filed as directed above, till final orders are passed, further recovery proceedings against the petitioner based on Ext.P2 shall be kept in abeyance.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE DM O.P.(Crl.).No.286 of 2025 6 2025:KER:36560 APPENDIX OF OP(CRL.) 286/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE COMMON JUDGEMENT DATED 24.12.2022 IN M.C 281/2021 ALONG WITH THE ANOTHER CASE OF THE FAMILY COURT, MALAPPURAM EXHIBIT P2 A TRUE COPY OF THE C.MP (EX) 162/2023 FILED BY THE RESPONDENTS EXHIBIT P3 A TRUE COPY OF THE COUNTER FILED DATED 07.06.2023 IN EXHIBIT P2 PETITION EXHIBIT P4 A TRUE COPY OF THE RELEVANT EXTRACT OF HIS BANK STATEMENT OF HIS ACCOUNT MAINTAINED IN HIS BANK , FEDERAL BANK ,CHELARI BRANCH EXHIBIT P5 A TRUE COPY OF C.MP NO 1/2023 EXHIBIT P6 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN EXHIBIT P5 PETITION BY THE RESPONDENTS EXHIBIT P7 A TRUE COPY OF THE ORDER OF THE FAMILY COURT IN EXHIBIT P5 PETITION DATED 25.09.2023 EXHIBIT P8 A TRUE COPY OF THE JUDGEMENT DATED 10.11.2023 IN O.P (CRL) 863/2023 EXHIBIT P9 A TRUE COPY OF THE PROCEEDINGS DOWNLOADED FROM THE WEBSITE ECOURTS