Dismissed

Abdul Mujeeb v. Suja

Kerala HC7 Aug 2023OP(Crl.)/170/2023

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an original petition challenging a family court order regarding maintenance allowance arrears. The court held that the petitioner failed to produce evidence concerning salary amounts necessary to challenge attachment under Section 60(1)(ia) CPC, consequently finding no reason to interfere with the impugned orders.

What did the court decide?

The original petition claiming arrears of maintenance allowance was dismissed with no interference in the impugned orders.

Abdul Mujeeb Vs Suja — Maintenance and Alimony | Kerala HC (2023)

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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 V.G.ARUN

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MONDAY, THE 7^TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945

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OP(CRL.) NO. 170 OF 2023

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AGAINST THE ORDER/JUDGMENTMC 42/2016 OF FAMILY COURT,

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MAVELIKKARA

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PETITIONER/S:

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ABDUL MUJEEB AGED 52 YEARS S/O. P.K.HASSAN, PUTHANTHARAYIL HOUSE, THOTTAPPALLY MURI, PURAKKADU, ALAPPUZHA DISTRICT, PIN - 688561 BY ADVS. T.MADHU C.R.SARADAMANI B.K.RAJAGOPAL SHAHID AZEEZ RESHMA SANTHOSH RENJISH S. MENON

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RESPONDENT/S:

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1 SUJA AGED 42 YEARS W/O. ABDUL MUJEEB, SAJI MANZIL, THAMALLACKAL, KUMARAPURAM, HARIPAD, ALAPPUZHA DISTRICT, PIN - 690548 2 MUHAMMED MUSHTHAQU AGED 18 YEARS S/O.ABDUL MUJEEB, SAJI MANZIL, THAMALLACKAL, KUMARAPURAM, HARIPAD, ALAPPUZHA DISTRICT, PIN - 690548 3 MUHAMMED MUBEEN AGED 15 YEARS S/O.ABDUL MUJEEB, SAJI MANZIL, THAMALLACKAL, KUMARAPURAM, HARIPAD, ALAPPUZHA DISTRICT , MINOR, REPRESENTED BY HIS MOTHER AND GUARDIAN SUJA, THE FIRST RESPONDENT HEREIN, PIN - 690548 4 MUHAMMED MUZAMMIL AGED 10 YEARS S/O.ABDUL MUJEEB, SAJI MANZIL, THAMALLACKAL, KUMARAPURAM, HARIPAD, ALAPPUZHA DISTRICT, MINOR,

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O.P.(Crl) No. 170 of 2023

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-2-

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REPRESENTED BY HIS MOTHER AND GUARDIAN SUJA, THE FIRST RESPONDENT HEREIN, PIN - 690548 5 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 6 THE CHIEF GENERAL MANGER HEAVY VEHICLE FACTORY, HVF ROAD, AVADY, CHENNAI, PIN - 600054 BY ADVS. V.BEENA S.NAUSHAD(K/874/1998) M.THAHA(K/000029/2019)

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THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20.07.2023, THE COURT ON 07.08.2023 DELIVERED THE FOLLOWING:

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O.P.(Crl) No. 170 of 2023

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JUDGMENT

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Dated this the 07^th day of August, 2023

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This original petition is filed against the common order dated 28.11.2022 in CMP Nos.142 of 2019, 115 of 2020 and 77 of 2021 claiming arrears of maintenance allowance for various periods. The challenge against the orders is primarily based on the order passed in CMP No.142 of 2019, reckoning certain payments made by the petitioner as payment of maintenance allowance. That order was reviewed by the Family Court and the review order is upheld by this Court. The challenge against the attachment of the petitioner's salary by relying on Section 60(1)(ia) of the Code of Civil Procedure cannot also be sustained, since the petitioner had failed to produce any evidence regarding the exact amount of salary received by

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O.P.(Crl) No. 170 of 2023

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him. As such, the contention based on the order in CMP No.142 of 2019 is no longer available. Being so, I find no reason to interfere with the impugned orders. Consequently, the original petition is dismissed.

Sd/-

V.G.ARUN JUDGE

Scl/

O.P.(Crl) No. 170 of 2023

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-5-

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APPENDIX OF OP(CRL.) 170/2023

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PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER DATED 30/8/2016 IN M.C.NO.42/2016 ON THE FILES OF THE FAMILY COURT, MAVELIKKARA Exhibit P2 THE TRUE COPY OF THE ORDER DATED 28/11/2022 IN C.M.P.NOS.142/2019, 115/2020 AND 77/2021 IN M.C.NO.42/2016 ON THE FILES OF THE FAMILY COURT, MAVELIKKARA Exhibit P3 THE CERTIFIED COPY OF THE ORDER DATED 5/1/2023 IN CMP NO.115/2020 IN M.C.NO.42/2016 ON THE FILES OF THE FAMILY COURT, MAVELIKKARA

Abdul Mujeeb v. Suja

Case brief

What is this about?

What did the court decide?

Abdul Mujeeb v. Suja

Case brief

What is this about?

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