Mini K.U vs Jacob Mathew

Type Court Judgment Court Kerala Decided Jul 30, 2024

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https://sooperkanoon.com/case/1294562

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Citation: sooperkanoon.com/1294562
Court: Kerala High Court
Judge: Honourable Mr.Justice P.G. Ajithkumar
Decided On: Jul 30, 2024
Case Number: OP(Crl.)/422/2023

Parties & Advocates

Appellant / Petitioner

Mini K.U

Respondent

Jacob Mathew

Excerpt

.....it was, however, ordered that the petitioner herself has to avail the alternative accommodation and the 1st respondent is obliged to pay towards monthly rent at the rate of rs.3,000/-. in the light of that order, this original petition has become infructuous. accordingly, this original petition is dismissed as infructuous. sd/- p.g. ajithkumar, judge dkr appendix of op(crl.) 422/2023 petitioner exhibits exhibit p1 the true copy of the order in m.c. no of the court of the judicial i class magistrate-i,changanacherry exhibit p2 the true copy of the order dated28.10.2022 in criminal appeal no.96/2019 on the files of the court of the additional sessions judge- kottayamexhibit p3 the true copy of the order dated 02.03.2023 in o.p (crl) no.430 of 2021 on the files of the honorable high court exhibit p4 the true copy of the notice dated 24.04.2023 issued by the respondent exhibit p5 the true copy of the notice dated 27.04.2023 issued by the petitioner herein in favor of the respondent exhibit p6 true copy of the un-numbered c.m.p.dated 14.06.2023 filed by the petitioner herein in m.c. no. 2 of 2018 on the files of the honorable i, changanacherry respondent exhibits exhibit-r1(1) a true copy of the rent deed dated 14.06.2023 with mr.jayan.v.texhibit-r1(2) a true copy of the relevant part of the crl.m.p.no. 3175 of 2023 in m.c.no.2 of 2018 filed by thepetitioner dated 14.06.2023 before the i, changanassery exhibit-r1(3) a true copy of the relevant part of the petition in m.c.no.2 of 2018 dated 15.07.2023 before the judicial first class magistrate court- i, changanassery exhibit-r1(4) true copy of the advocate commission report dated 01.02.2024 submitted in cmp 3175/2023 in m.c no.2/2018 of i, changanassery

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 30TH DAY OF JULY 2024 / 8TH SRAVANA, 1946 O.P.(CRL.) NO. 422 OF 2023 AGAINST THE ORDER DATED 05.04.2019 IN MC NO.2 OF 2018 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, CHANGANACHERRY PETITIONER/APPELLANT/PETITIONER: MINI K.U., AGED 48 YEARS, WIFE OF JACOB MATHEW, PLAPPARAMBIL HOUSE,VAKATHANAM.P.O, VAKATHANAM VILLAGE,CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686538. BY ADVS. LUKE J CHIRAYIL AMAL JOSE ELSA MARY THOMAS JASNI JALAL RESPONDENTS/RESPONDENTS/RESPONDENTS: 1 JACOB MATHEW S/O P.K.MATHEW, PLAPPARAMBIL HOUSE,VAKATHANAM.P.O, VAKATHANAM VILLAGE,CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, KERALA, PIN - 686538. 2 THE INSPECTOR OF POLICE, VAKATHANAM POLICE STATION, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN:686538 REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, KERALA, PIN - 682018. R1 BY ADV.P.T.DINESH R1 BY ADV.AJIRAJ G.R. R2 BY SMT.PUSHPALATHA M.K., SR.PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR FINAL HEARING ON 22.07.2024, THE COURT ON 30.07.2024 DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
----------------------------------------------------------- ----------------------------------------------------------- Dated this the 30th day of July, 2024

JUDGMENT

This is an original petition filed under Article 227 of the Constitution of India by the petitioner in M.C.No.2 of 2018. The relief sought is that an Advocate Commissioner shall be appointed to ascertain desirability of the alternative accommodation offered by the 1st respondent, who is her husband.

2. The question of entitlement of a residence order

or an alternative accommodation was the subject matter of Crl.R.P.319 of 2023, which was filed by the 1 st respondent herein. The said revision petition is disposed of today holding that the petitioner herein is entitled for an alternative accommodation. It was, however, ordered that the petitioner herself has to avail the alternative accommodation and the 1st respondent is obliged to pay towards monthly rent at the rate of Rs.3,000/-. In the light of that order, this original petition has become infructuous. Accordingly, this original petition is dismissed as infructuous. Sd/- P.G. AJITHKUMAR, JUDGE dkr APPENDIX OF OP(CRL.) 422/2023 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER IN M.C. NO OF THE COURT OF THE JUDICIAL I CLASS MAGISTRATE-I,CHANGANACHERRY EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED

28.10.2022 IN CRIMINAL APPEAL NO.96/2019 ON THE FILES OF THE COURT OF THE ADDITIONAL SESSIONS JUDGE- KOTTAYAM

EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED 02.03.2023 IN O.P (CRL) NO.430 OF 2021 ON THE FILES OF THE HONORABLE HIGH COURT EXHIBIT P4 THE TRUE COPY OF THE NOTICE DATED 24.04.2023 ISSUED BY THE RESPONDENT EXHIBIT P5 THE TRUE COPY OF THE NOTICE DATED 27.04.2023 ISSUED BY THE PETITIONER HEREIN IN FAVOR OF THE RESPONDENT EXHIBIT P6 TRUE COPY OF THE UN-NUMBERED C.M.P.

DATED 14.06.2023 FILED BY THE PETITIONER HEREIN IN M.C. NO. 2 OF 2018 ON THE FILES OF THE HONORABLE I, CHANGANACHERRY RESPONDENT EXHIBITS EXHIBIT-R1(1) A TRUE COPY OF THE RENT DEED DATED 14.06.2023 WITH MR.JAYAN.V.T

EXHIBIT-R1(2)     A TRUE COPY OF THE RELEVANT PART OF
                  THE CRL.M.P.NO.     3175 OF     2023 IN
                  M.C.NO.2    OF   2018   FILED    BY   THE

PETITIONER DATED 14.06.2023 BEFORE THE I, CHANGANASSERY EXHIBIT-R1(3) A TRUE COPY OF THE RELEVANT PART OF THE PETITION IN M.C.NO.2 OF 2018 DATED 15.07.2023 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT- I, CHANGANASSERY EXHIBIT-R1(4) TRUE COPY OF THE ADVOCATE COMMISSION REPORT DATED 01.02.2024 SUBMITTED IN CMP 3175/2023 IN M.C NO.2/2018 OF I, CHANGANASSERY

Same Court & Year Kerala · 2024 Same Parties Mini K.U vs Jacob Mathew Same Judge Honourable Mr.Justice P.G. Ajithkumar