Disposed

Abdul Kader v. Nafeesa Rincy

Kerala HC29 Oct 2018OP(Crl.)/226/2018

Case brief

AI extract

What is this about?

The Court disposed of the Criminal OP assailing an order for maintenance liability. It directed the lower court to decide the pending appeal within six months, maintained the interim stay on conditions, and ordered continued maintenance payment.

What did the court decide?

OP disposed; stay continues subject to deposit of 1/4th arrears and payment of Rs.4,000; lower court to decide pending appeal within 6 months.

Abdul Kader Vs Nafeesa Rincy — Maintenance and Alimony | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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MONDAY ,THE 29TH DAY OF OCTOBER 2018 / 7TH KARTHIKA, 1940

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OP(Crl.).No. 226 of 2018

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AGAINST THE ORDER/JUDGMENT IN MC 57/2014 of J.M.F.C. 1, PARAPPANANGADI DATED 19-11-2016

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PETITIONER/1st RESPONDENT:

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ABDUL KADER

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AMEEN NIVAS, VATTEKKAT PARAMBA, THENJIPPALAM, ALUNGAL, THIRURANGADI TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.K.RAKESH

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RESPONDENT/PETITIONERS & STATE:

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1 NAFEESA RINCY, AGED 21 YEARS, D/O. ABDUL KHADER, AMEEN NIVAS, VATTEKKAT PARAMBA, THENJIPPALAM, ALUNGAL, THIRURANGADI TALUK, NOW RESIDING AT KUNDILKKADAN HOUSE, PALLIKKAL BAZAR P.O, PALLIKKAL, KONDOTTY TALUK, MALAPPURAM DISTRICT, PIN-673 634.

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2 SHAIMA JINCY

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AGED 18 YEARS, D/O. ABDUL KHADER, AMEEN NIVAS, VATTEKKAT PARAMBA, THENJIPPALAM, ALUNGAL, THIRURANGADI TALUK, PIN-673 636.

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3 MUHAMMED AMEEN, AGED 16 YEARS (MINOR), S/O. ABDUL KHADER, AMEEN NIVAS, VATTEKKAT PARAMBA, THENJIPPALAM, ALUNGAL, THIRURANGADI TALUK, PIN-673 636, REPRESENTED BY HIS SISTER, NAFEESA RINCY, THE 1ST RESPONDENT.

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4 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN-682 031.

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BY ADV. SRI.R.RAMADAS

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OTHER PRESENT:

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P.P SMT. PUSPHPALATHA.M.K

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THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(Crl.).No. 226 of 2018

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JUDGMENT

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The petitioner assailed the order of JFMC 1, Parappanangadi in M.C. No.57/2014, by which he was fastened with a liability to pay maintenance at the rate of Rs.3,000/- to the 1^st respondent and Rs.6,000/- to the 2^nd respondent. He filed an application for stay as Ext.P3. No orders were passed. Lamenting that no orders have been passed in Ext.P3, the petitioner has approached this Court.

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2. This Court granted a stay on condition of deposit of one fourth of the arrears and also that the petitioner shall pay and continue to pay Rs.4,000/- each to respondents 2 and 3. That order is continuing.

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3. After hearing both sides, I am inclined to dispose of the O.P.(Crl.) itself with a direction to the court below to take up and dispose of Crl.

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OP(Crl.).No. 226 of 2018

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Appeal No.11/2017 itself as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a copy of this judgment. During the interregnum, the petitioner shall deposit one fourth of the arrears as already directed, if not already deposited and shall pay and and continue to pay the maintenance as ordered. The stay will continue during the interregnum. In case of default of any of the above conditions, the stay will stand automatically vacated without any further order and Ext.P4 order can be executed.

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O.P.(Crl.) stands disposed of as above.

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Sd/-

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SUNIL THOMAS, JUDGE

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OP(Crl.).No. 226 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXT.P1: TRUE COPY OF THE ORDER DATED 19/11/2016 OF THE J.F.C.M.-I, PARAPPANANGADI IN M.C.NO.57/2014. EXT.P2: TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER AND ANOTHER DATED 16/01/2017 AS CRL.A.NO.11/2017 BEFORE THE SESSIONS COURT, MANJERI. EXT.P3: TRUE COPY OF THE STAY PETITION AS I.A.NO. 714/2017 IN CRL.A.NO.11/2017 FILED BEFORE THE SESSIONS COURT, MANJERI. EXT.P4: TRUE COPY OF THE NOTICE ISSUED AS PER SECTION 33 FROM THE TALUK OFFICE, TIRURANGADI AS NO.D6-3286/2018.

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Pn 31/10

Abdul Kader v. Nafeesa Rincy

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Abdul Kader v. Nafeesa Rincy

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