Kerala High Court
K.A.Mohammed vs Soya Roza Sulthana on 15 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
OP(Crl.) NO.948 of 2023
2025:KER:52299
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
OP(CRL.) NO. 948 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 16.01.2023 IN MC
NO.128 OF 2022 OF FAMILY COURT, PALAKKAD
PETITIONER(S)/RESPONDENT:
K.A.MOHAMMED
AGED 49 YEARS, S/O.K.M.ABDULLA, HADEEJA MENSHA,
BEKALKUNNU, PALLIKKARA P.O., BEKAL, KASARGODE
DISTRICT, NOW RESIDING AT RUBY MEHAR APPAREL,
12/707, SARAYU NAGAR, CHANDRANAGAR P.O.,
PALAKKAD, PINCODE, PIN - 678001
BY ADVS.
SRI.P.MOHAMED SABAH
SMT.SAIPOOJA
SRI.LIBIN STANLEY
SRI.SADIK ISMAYIL
SMT.R.GAYATHRI
SRI.M.MAHIN HAMZA
SHRI.ALWIN JOSEPH
RESPONDENT(S)/PETITIONERS:
1 SOYA ROZA SULTHANA
AGED 14 YEARS, (MINOR), D/O.K.A.RUBY,
WOODLANDS, 13/462, SARAYU NAGAR, CHANDRANAGAR
P.O., PALAKKAD, PINCODE-678001, REPRESENTED BY
HER NEXT FRIEND AND GUARDIAN, K.A.RUBY,
WOODLANDS, 13/462, SARAYU NAGAR,
CHANDRANAGAR P.O., PALAKKAD
OP(Crl.) NO.948 of 2023
2025:KER:52299
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2 MEHDI MUHAMMED SULTHAN
AGED 7 YEARS, (MINOR), D/O.K.A.RUBY, WOODLANDS,
13/462, SARAYU NAGAR, CHANDRANAGAR P.O.,
PALAKKAD, PINCODE-678001, REPRESENTED BY HER
NEXT FRIEND AND GUARDIAN, K.A.RUBY, WOODLANDS,
13/462, SARAYU NAGAR, CHANDRANAGAR P.O.,
PALAKKAD,
BY ADVS.
SRI.T.B.HOOD
SMT.M.ISHA
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(Crl.) NO.948 of 2023
2025:KER:52299
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P.V.KUNHIKRISHNAN, J.
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OP(Crl.) No.948 of 2023
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Dated this the 15th day of July, 2025
JUDGMENT
The above Original Petition(Crl.) is filed with the following prayers:
"(A) Call for records leading to Exhibit P5 order and Exhibit P14 petition and to set aside Exhibit P5 order dated 16-01-2023 passed in Crl.M.P No.578 of 2022 in M.C No.128 of 2022, on the files of the Family Court, Palakkad (B) Dispense with the translation of the documents produced in the vernacular language. (C) Issue any such other orders which this Hon'ble Court may deem fit and proper in the interest of justice." SIC
2. The impugned order is an interim maintenance order passed by the Family Court, Palakkad, in favour of the respondents who are the OP(Crl.) NO.948 of 2023 2025:KER:52299 4 children of the petitioner. They filed MC No.128/2022 before the Family Court claiming maintenance under Section 125 Cr.PC through their mother. An application for interim maintenance was filed and the Family Court Judge granted maintenance to the children at the rate of Rs.12,500/- and 7,500/-
respectively. Aggrieved by the same, this original petition is filed.
3. When this original petition came up for consideration before this Court on 08.12.2023, this Court passed the following order:
"Admit. Issue urgent notice to the respondents.
There shall be an interim stay of Ext.P5 on condition that the petitioner will pay the entire arrears @ Rs.10,000/- (Rupees Ten thousand only) and Rs.5,000/- (Rupees Five thousand only) each to the respondents and will continue to pay the same till the disposal of the Original Petition. The arrears OP(Crl.) NO.948 of 2023 2025:KER:52299 5 shall be paid within one month. The above order will be in force for a period of two months.
But I make it clear that the main case can be continued by the Family Court.
If any amount is already paid by the petitioner, that can be adjusted towards the arrears."
4. It is submitted by both sides that the above order is being complied by the petitioner. Admittedly, the above order was passed by this Court in December 2023 and now, 11/2 year elapsed. The 2nd child is now aged about 9 years. Considering the facts and circumstances of the case, I think, the impugned order can be modified, fixing the interim maintenance to the respondents @ Rs.10,000/- and 7,500/- respectively with effect from 1 st day of June 2025. With that modification, this original petition can be disposed of. Till May 2025, the interim order OP(Crl.) NO.948 of 2023 2025:KER:52299 6 passed by this Court on 08.12.2023 will be in force.
Therefore, this Original Petition(Crl.) is disposed of with the following directions:
1. Ext.P5 order is modified and the petitioner is directed to pay interim maintenance at the rate of Rs.10,000/- and 7,500/-
respectively to the respondents from 01.06.2025. Till May 2025, the interim order dated 08.12.2023 passed by this Court will be in force.
2. The Family Court, Palakkad will try to dispose of MC No.128/2022, as expeditiously as possible.
3. I make it clear that the Family Court will dispose of MC No.128/2022 untrammeled by any observation in this judgment.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE OP(Crl.) NO.948 of 2023 2025:KER:52299 7 APPENDIX OF OP(CRL.) 948/2023 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF M.C NO.128 OF 2022, ON THE FILES OF THE FAMILY COURT, PALAKKAD EXHIBIT P2 THE TRUE COPY OF THE SAID CRL.M.P NO.578 OF 2022 IN M.C NO.128 OF 2022, ON THE FILES OF THE FAMILY COURT, PALAKKAD EXHIBIT P3 THE TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN CRL M.P NO.578 OF 2022 EXHIBIT P4 THE TRUE COPY OF THE LIST OF DOCUMENTS DATED 03.01.2023 EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 16- 01-2023 PASSED BY THE FAMILY COURT, PALAKKAD IN CRL M.P NO.578 OF 2022 EXHIBIT P6 THE TRUE COPY OF THE INVOICE DATED 13.08.2022 BY VIT- AP UNIVERSITY , AMARAVATI CAMPUS EVIDENCING THE PAYMENT OF HOSTEL FEE OF AN AMOUNT OF RS. 15,000/-
EXHIBIT P7 THE TRUE COPY OF INVOICE BY VIT -AP UNIVERSITY , AMARAVATI CAMPUS DATED 25.08.2022 EVIDENCING THE PAYMENT OF COLLEGE FEES OF AN AMOUNT OF RS. 3, 07,000/-
EXHIBIT P8 THE TRUE COPY OF INVOICE BY VIT -AP UNIVERSITY , AMARAVATI CAMPUS DATED 05.09.2022 EVIDENCING THE PAYMENT OF HOSTEL FEES OF AN AMOUNT OF RS. 1,02,000/-
EXHIBIT P9 THE TRUE COPY OF INVOICE BY VIT -AP UNIVERSITY , AMARAVATI CAMPUS DATED 05.09.2022 EVIDENCING THE PAYMENT OF HOSTEL FEES OF AN AMOUNT OF RS. 72,600/-
OP(Crl.) NO.948 of 2023 2025:KER:52299 8 EXHIBIT P10 THE TRUE COPY OF INVOICE BY VIT -AP UNIVERSITY , AMARAVATI CAMPUS DATED 20.06.2023 EVIDENCING THE PAYMENT OF COLLEGE FEES OF AN AMOUNT OF RS. 3,04,000/-
EXHIBIT P11 THE TRUE COPY OF INVOICE BY VIT -AP UNIVERSITY , AMARAVATI CAMPUS DATED 21.07.2023 EVIDENCING THE PAYMENT OF HOSTEL FEES OF AN AMOUNT OF RS. 1,90,500/-
EXHIBIT P12 THE TRUE COPY OF INVOICE BY VIT -AP UNIVERSITY , AMARAVATI CAMPUS DATED 05.08.2023 EVIDENCING THE PAYMENT OF MISCELLANEOUS FEES OF AN AMOUNT OF RS. 16,000/-
EXHIBIT P13 THE TRUE COPY OF MEMORANDUM OF O.P. 52/2022 ON THE FILE OF FAMILY COURT , PALAKKAD EXHIBIT P14 THE TRUE COPY OF THE CRL M.P NO.405 OF 2023 IN CRL M.P 578/2022 IN M.C NO.128 OF 2022, ON THE FILES OF THE FAMILY COURT, PALAKKAD //TRUE COPY// PA TO JUDGE