Challenge to a Family Court order directing payment of Rs.1,50,000 interim maintenance arrears, failing which the petitioner's defence would be struck off. After failed mediation and non-payment of arrears, the High Court found nothing perverse or irregular and dismissed the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 2ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946
OP(CRL.) NO. 569 OF 2023
AGAINST THE ORDER DATED 15.07.2023 IN MC NO.53 OF 2021 OF
FAMILY COURT, OTTAPPALAM
PETITIONER/RESPONDENT:
MUHAMMED NOUSHAD @ NOUSHAD BABU
AGED 47 YEARS
S/O ABOOBAKKAR,
PADUVANPADAM VEEDU,
M.E.S COLLEGE POST, KUNTHIPUZHA, MANNARKKAD, (MANNARKKAD POLICE STATION LIMIT). PALAKKAD, KERALA 678583, PIN – 678583
BY ADVS.
M.P.SHAMEEM AHAMED
AKHIL PHILIP MANITHOTTIYIL
RESPONDENTS/PETITIONERS:
1SHEREENA
AGED 35 YEARS
D/O AVARA,
KORATHU HOUSE,
ATTASSERY, MANNARKKAD,
OTTAPALAM TAULK, PIN 679513., PIN – 679513
2RANA
AGED 18 YEARS
D/O SHEREENA,
KORATHU HOUSE,
ATTASSERY, MANNARKKAD,
OTTAPALAM TALUK, PIN 679513
(REPRESENTED BY HER MOTHER SHEREENA)
O.P.(Crl.).No.569 of 2023
-:2:-
3RIYA
AGED 14 YEARS
D/O SHEREENA,
KORATHU HOUSE,
ATTASSERY, MANNARKKAD
OTTAPALAM TALUK, PIN 679513
(REPRESENTED BY HER MOTHER SHEREENA)
4RISA
AGED 7 YEARS
D/O SHEREENA,
KORATHU HOUSE,
ATTASSERY, MANNARKKAD
OTTAPALAM TALUK, PIN 679513
(REPRESENTED BY HER MOTHER SHEREENA)
BY ADV.
MAHESH V MENON
OTHER PRESENT:
SMT. SREEJA V.
PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
02.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.).No.569 of 2023
-:3:-
BECHU KURIAN THOMAS, J.
--------------------------------------O.P.(Crl.).No.569 of 2023
Dated this the 2nd day of April, 2024
JUDGMENT
Petitioner challenges Ex.P6 order dated 15.07.2023 in
C.M.P.No.383/2023 in M.C.No.53/2021 on the files of the Family Court, Ottapalam. As per the said order, petitioner was directed to pay arrears of interim maintenance of Rs.1,50,000/- on or before 22.07.2023, failing which, it was directed that his defence in the maintenance case shall stand struck off.
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O.P.(Crl.).No.569 of 2023
Accordingly, I find no merit in this original petition and it is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/02.04.24.
O.P.(Crl.).No.569 of 2023
-:5:-
APPENDIX OF OP(CRL.) 569/2023
PETITIONER’S EXHIBITS
Exhibit 1COPY OF THE PETITION FILED UNDER SECTION
125(1) CR.P.C REGISTERED AS M.C 53/2021
BEFORE THE FAMILY COURT, OTTAPALAM
Exhibit P2COPY OF THE APPLICATION FILED UNDER THE
SECOND PROVISO TO SECTION 125, BEING
CRL.M.P 261/2021.
Exhibit P3COPYOFTHEC.M.PNO.383/2023IN
MC.NO.53/2021 FILED BY THE RESPONDENTS
BEFORE THE FAMILY COURT, OTTAPALAM
Exhibit P4COPY OF THE COUNTER FILED BY THE
PETITIONER IN C.M.P.NO.383/2023
Exhibit P5COPY OF THE PRINT OUT FROM THE ECOURTS
PORTAL SHOWING THE STATUS OF THE CASE
M.C.53/2021
Exhibit P6
THE ORIGINAL COPY OF THE ORDER DATED
15.07.2023 OF THE FAMILY COURT, OTTAPALAM
IN C.M.P 383/2023 IN MC.NO.53/2021
1 issue framed by the court
Whether the Family Court's order directing payment of interim maintenance arrears with striking off defence on default warranted interference.
2 provisions across 1 enactments
MUHAMMED NOUSHAD @ NOUSHAD BABU
SHEREENA
RANA
RIYA
RISA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court