The Court closed a criminal miscellaneous case filed against an interim maintenance order. The judge accepted the submission that the underlying order had been disposed of by the Family Court and a revision is pending, rendering the present case infructuous.
The criminal miscellaneous case was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
CRL.MC NO. 6311 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.205 OF 2018 OF
FAMILY COURT, MALAPPURAM
PETITIONERS/RESPONDENT:
VISHAHAD.C.K AGED 28 YEARS S/O. ABDUL GAFOOR, CHELAKKADAN HOUSE, VALLIKKET, VADAPURAM P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT.
BY ADVS.
SRI.LAL K.JOSEPH
RESPONDENTS/PETITIONER:
1 NAHNA SHERIN D/O. ABDUL HAMEED, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, ABDUL HAMEED, KATTIKULANGARA HOUSE, KARINTHAR, MAMBAD COLLEGE P.O, NILAMBUR TALUK, MALAPPURAM DISTRICT.
2 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADVS. SRI.RENJITH.T.R, SR.PP SRI.P.VENUGOPAL (1086/92)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.6311 of 2019
2
P.V.KUNHIKRISHNAN, J.
Crl.M.C. No.6311 of 2019
Dated this the 08th day of July, 2024
O R D E R
This Criminal Miscellaneous Case is filed against Annexure-A3 order by which the Family Court, Malappuram ordered the petitioner to pay interim maintenance to the respondents. Now, it is submitted that the M.C. No.205/2018 is already disposed by the Family Court and a revision is pending before this Court. If that be the case, this Crl.MC is infructuous. Hence, this Crl.MC can be closed.
Therefore, this Criminal Miscellaneous Case is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
nvj
Crl.M.C. No.6311 of 2019
3
APPENDIX OF CRL.MC 6311/2019
PETITIONER ANNEXURES
| ANNEXURE | A1 | TRUE 205/2 |
COPY OF 018. |
THE OBJECTION IN MC |
|---|---|---|---|---|
| ANNEXURE | A2 | TRUE | COPY OF | THE APPLICATION DATED |
| 08.04 | .2019 W | HICH IS NUMBERED AS | ||
| CRL.M | .P. 136/ | 2019, IN MC 205/2018 | ||
| FILED MALAP |
BEFORE PURAM. |
THE FAMILY COURT, | ||
| ANNEXURE | A3 | CERTI | FIED COP | Y OF THE ORDER DATED |
| 06.06 | .2019 IN | CRL.M.P. NO. 136/2019 IN | ||
| M.C. MALAP |
NO. 205/ PURAM. |
2018 OF FAMILY COURT, | ||
| ANNEXURE | A4 | TRUE | COPY OF | THE SALARY CERTIFICATE |
| OBTAI 24.04 |
NED BY .2019. |
THE PETITIONER DATED | ||
| RESPONDE | NTS EX | HIBITS | :NIL |
//TRUE COPY//
PA TO JUDGE
2 issues framed by the court
Whether the criminal misc. case is maintainable when the underlying maintenance order has been disposed of by the Family Court and a revision is pending.
Whether the criminal misc. case is infructuous and should be closed.
Vishahad.C.K
Nahna Sherin
State of Kerala
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
