Kerala High Court
Vishnu G Ashok vs Ashu Vijayan on 11 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:69642
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
OP(CRL.) NO. 463 OF 2024
AGAINST THE ORDER DATED 03.10.2022 IN M.C.NO.153/2018 ON
THE FILES OF THE FAMILY COURT, ALAPPUZH
NOW PENDING AS M.C.NO.466 OF 2018 OF FAMILY
COURT,ERNAKULAM
PETITIONER/RESPONDENT:
VISHNU G ASHOK
AGED 35 YEARS
S/O. ASHOK KUMAR,
RESIDING AT PARAYAN PARAMBIL HOUSE,
AVALOOKUNNU P.O., ARYAD SOUTH,
AMBALAPPUZHA TALUK,
ALAPPUZHA DISTRICT, PIN - 688006
BY ADVS.
N.S.HASNA MOL
SUDHEER K.K.
KHADEEJA RISHBATH KALLINGAL
RESPONDENTS/PETITIONERS:
1 ASHU VIJAYAN,
AGED 33 YEARS, D/O. VIJAYAN,
VRLA 48, VATTAPPARAMBU WEST LANE,
KANAYANNUR TALUK,
ERNAKULAM DISTRICT, PIN - 682312
2 KSHETRA VISHNU,
AGED 8 YEARS, MINOR,
D/O. ASHU VIJAYAN,
VRLA 48, VATTAPPARAMBU WEST LINE,
KANAYANNUR TALUK, ERNAKULAM,
REPRESENTED BY 1ST RESPONDENT MOTHER, PIN - 682312
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON 11.09.2024 DELIVERED THE FOLLOWING:
2024:KER:69642
O.P.(Crl.) No.463 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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O.P.(Crl.) No.463 of 2024
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Dated this the 11th day of September, 2024
JUDGMENT
Petitioner is the former husband of the first respondent. Petitioner was directed to pay an interim maintenance at the rate of Rs.10,000/- per month to the second respondent in M.C.No.153/2018 on the files of the Family Court, Alappuzha. Despite the said order, petitioner failed to pay any amount towards maintenance, and hence, an application was filed to restrain him from leaving the country without clearing the arrears till 2022. It is alleged that as on the said date, an amount of Rs.4,21,000/- is due to the second respondent. Pursuant to the above application, the Family Court, Alappuzha, by the impugned order, prohibited the petitioner from leaving the country without paying the arrears of maintenance awarded and also directed him to surrender his passport.
2. Smt. N.S.Hasna Mol, the learned counsel for the petitioner, while assailing the impugned order dated 03.10.2022 submitted that petitioner has now obtained an employment abroad, and he will be able to clear the entire arrears, if he is permitted to travel abroad and join the said employment. It is submitted that on account of the impugned order, he is unable to undertake the travel or even pursue his prospects in 2024:KER:69642 O.P.(Crl.) No.463 of 2024 -:3:- employment thereby prejudicing him seriously.
3. When the case came up for consideration, this Court issued notice to the respondents. Since it returned with the endorsement 'not known', petitioner was directed to take out notice by special messenger. The endorsement from the special messenger indicates that notice has been served on respondents 1 and 2. A perusal of the affidavit shown in the cause title reveals that the same tallies with what is shown in the impugned order. Thus, I proceed to consider the matter, deeming that notices having been served on the respondents.
4. The total liability due to the respondent as of now is around 6,70,000/-. The Family Court has prohibited the petitioner from leaving the country without paying the arrears of maintenance. Considering the peculiar circumstances, I am of the view that leniency can be shown, provided petitioner deposits a portion of the maintenance and also furnishes sufficient security for the balance amount. The said indulgence can be shown to enable the petitioner to pursue his prospects abroad and thereafter to clear the entire arrears and continue the payment as directed by the Family Court.
5. Hence, the impugned order dated 03.10.2022 in Crl.M.P.No.171/2022 in M.C.No.153/2018 on the files of the Family Court, Alappuzha (now pending as M.C.No.466/2018 on the files of the Family Court, Ernakulam) is hereby set aside on condition that petitioner deposit before the Family Court an amount of Rs.2,50,000/- on or before 2024:KER:69642 O.P.(Crl.) No.463 of 2024 -:4:- 21.10.2024 and furnish a bank guarantee for Rs.4,00,000/- before the Jurisdictional Court where the case is presently being tried. On such a deposit being made, petitioner will be permitted to procure a passport and apply for permission from the trial court to leave the country. If the above conditions are satisfied, the Family Court shall permit the petitioner to travel abroad on appropriate other conditions.
This original petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE Jka/11.09.24.
2024:KER:69642 O.P.(Crl.) No.463 of 2024 -:5:- APPENDIX OF OP(CRL.) 463/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CRL.MP. NO.171/2022 IN M.C. NO. 153/2018 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, ALAPUZHA Exhibit P2 TRUE COPY OF THE ORDER DATED 3.10.2022 IN CRL.MP. NO.171/2022 IN M.C. NO. 153/2018 OF THE FAMILY COURT, ALAPUZHA Exhibit P3 TRUE COPY OF THE NOTICE DATED 22.5.2024 ISSUED BY THE REGIONAL PASSPORT OFFICE, ERNAKULAM