Dismissed

Shaji C.Thomas v. R.Raji

Kerala HC17 Oct 2019OP(Crl.)/425/2016

Case brief

AI extract

What is this about?

The High Court held that since the main civil suit filed in the Family Court was finally disposed of before this Criminal Appeal could be decided, the appeal had become infructuous. The court modified an order with respect to a deposited interim security and dismissed the petition while reserving remedies against the final civil decree.

What did the court decide?

Petition dismissed as infructuous; interim order made absolute for release of deposited Rs 25,000; impugned interim order modified.

Shaji C.Thomas Vs R.Raji — Matrimonial and Divorce | Kerala HC (2019)

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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 ALEXANDER THOMAS

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THURSDAY, THE 17TH DAY OF OCTOBER 2019 / 25TH ASWINA, 1941

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OP(Crl.).No.425 OF 2016(Q)

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AGAINST THE ORDER/JUDGMENT IN MC 17/2014 DATED 18-06-2015 OF FAMILY COURT, MAVELIKKARA

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PETITIONER/RESPONDENT:

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SHAJI C.THOMAS S/O VARGHESE THOMAS, AGED:41 YEARS, CHAKKULATHU VEEDU, PERUMPATTY VILLAGE, KOTTANADU PO, RANNI

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BY ADVS. SRI.K.SHAJ SRI.SAJJU.S

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RESPONDENT/PETITIONER:

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R.RAJI AGED 31 YEARS

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W/O SHAJI C. THOMAS,PUTHENPURAKKAL HOUSE, C.K. SREEDHARAN ROAD, PALLURUTHY, ERNAKULAM-682011

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AMENDED AS R.RAJI, 31 YEARS, D/O S.RAVI, ARYA BHAVAN, UMBARANAD MURI, KALLUMALA P.O, THAZHAKKARA VIDE ORDER DATED 14/06/2019 IN IA NO. 01/2019 IN OP(CRL)425/2016

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P. (Crl) No. 425 of 2016

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ALEXANDER THOMAS, J.

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O.P. (Crl) No. 425 of 2016

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Dated this the 17^th day of October, 2019

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JUDGMENT

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The prayers in the above Original Petition (Crl) filed under Article 227 of the Constitution of India is as follows:

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“......it is humbly prayed that this Hon'ble Court may be pleased to set aside the order dated 18-06-2015 in M.P No.59/2015 in M.C No.17/2014 in the Family Court, Mavelikkara passed against the petitioner in the interest of justice.”

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It is seen that the Original Petition is mainly directed as against the impugned interim order dated 18-06-2015 rendered by the Family Court, Mavelikkara on M.P No.59/2015 in M.C No.17/2014, in the matter of directions to pay interim relief by way of Rs.75000/- as medical expenses to the petitioner in the M.C. This Court while admitting the above OP (Crl), on 29-07-2016 had ordered that there will be an interim stay in the impugned order for two months on condition that the petitioner herein should deposit a sum of Rs.25,000/- within one month from that day before the Court

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O.P. (Crl) No. 425 of 2016

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below concerned.

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When the matter was taken up for consideration, this Court had requested the Registry to ascertain from the Family Court, Mavelikkara, as to the present stage of the main matter in M.C No.17/2014 and now the Registry has secured information from the Family Court, Mavelikkara, that the said Court has finally disposed of M.C No.17/2014 on 09-02-2017 by partially allowing the prayers in that M.C. A Copy of the final order dated 09-02-2017 rendered by the Family Court, Mavelikkara in M.C No.17/2014 has now been made available to this Court. The challenge in this Original Petition (Crl) is against the interim order of the main matter in the M.C, whereas now the main matter in the M.C is said to have been finally disposed of and therefore, it goes without saying that nothing survives in the Original Petition (Crl) any longer. However, in the interest of justice, it is ordered that the interim order dated 29-07-2016 passed by this Court in this O.P (Crl) is made absolute and the amount so deposited may be released to the respondent herein and the impugned Ext.P4 order dated 18-06-2015 passed by the Family Court, Mavelikkara in Crl.M.P No.59 of 2015 in M.C No.17/2014 will stand modified as above. All other issues are left

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O.P. (Crl) No. 425 of 2016

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open. The petitioner will be at liberty to work out his remedies as against the final order dated 09-02-2017 passed by the Family Court in M.C No.17/2014, in the manner known to law, if he has any legally justiciable grievances thereto.

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Hence, in view of the subsequent developments, it is ordered that the above Original Petition (Crl) will stand dismissed as infructuous.

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Sd/-

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ALEXANDER THOMAS JUDGE

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KAS

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O.P. (Crl) No. 425 of 2016

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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P1 THE TRUE COPY OF THE PETITION IN MC NO 17/14 FILED BY THE RESPONDENT BEFORE THE FAMILY COURT, MAVELIKARA P2 THE TURE COPY OF THE OBJECTION FILED BY THE PETITIONER IN MC NO. 17/14 BEFORE THE FAMILY COURT, MAVELIKARA P3 THE TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN CMP NO 59/15 IN MC NO 17/14 OF THE FAMILY COURT, MAVELIKARA P4 THE TRUE COPY OF THE ORDER DATED 18-062015 IN CMP NO. 59/15 IN MC NO. 17/14 OF THE FAMILY COURT, MAVELIKARA P5 THE TRUE COPY OF THE REVEIW PETITION CMP 59/15 IN MC 17/14 OF THE FAMILY COURT, MAVELIKARA

Shaji C.Thomas v. R.Raji

Case brief

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Shaji C.Thomas v. R.Raji

Case brief

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