Muhammed Rasheed C.P vs Shareefabi.a

Type Court Judgment Court Kerala Decided Mar 14, 2024

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Citation: sooperkanoon.com/1316347
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Mar 14, 2024
Case Number: OP(Crl.)/231/2024

Parties & Advocates

Appellant / Petitioner

Muhammed Rasheed C.P

Respondent

Shareefabi.a

Excerpt

.....karnnur district, pin - 670304 3 rafeena (minor) aged 14 years -:2:- 4 shafna (minor) aged 13 years by adv. sri. ashi m.c. public prosecutor this op (criminal) having come up for admission on 14.03.2024, the court on the same day delivered the following: -:3:-bechu kurian thomas, j.dated this the 14th day of march, 2024judgmentpetitioner challenges an order of interim maintenance directing him to pay rs.4,000/- to each of the respondents.2. i have heard sri. v.ramkumar nambiar, the learned counsel for the petitioner.3. this court notices that the impugned order is dated 01.10.2022. having permitted to suffer the order for the last eighteen months, it is not proper for this court to interfere at this juncture, especially when theorder directs payment of interim maintenance to the destitute wife andchildren.3. in this context, it has to be observed that, the learned counselfairly submitted that the maintenance case itself is posted for final orders on 14.03.2024. apart from the amount of interim maintenance being reasonable in the circumstances of the case, i find that the delay itself work against the petitioner. therefore, i find no merit in this original petition and it is dismissed. sd/- bechu kurian thomas judge jka/14.03.24 -:4:- appendix of op(crl.) 231/2024 petitioner’s exhibits exhibit p1 true copy of the interim order passed by the family court kannur in c.m.p.no.1/2021 in m.c.no.420/2021 dated 1.10.2022 exhibit p2 true copy of the interim order of the family court kannur in c.m.p.no.5/2023 in m.c.no.420/2021 dated 20.5.2023. exhibit p3 true copy of the order passed by the family court kannur in c.m.p.no.7/2024 in m.c.no.420/2021 dated 2.2.2024.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 OP(CRL.) NO. 231 OF 2024 AGAINST THE ORDER DATED 01.10.2022 IN MC NO.420 OF 2021 OF FAMILY COURT, KANNUR PETITIONER/RESPONDENT: MUHAMMED RASHEED C.P AGED 53 YEARS S/O.A.P.K.HAMZA, NERUVANBRAM, PAYANGADI, NERUVAMBRAM P.O., KANNUR DISTRICT -670 334, REPRESENTED THROUGH POWER OF ATTORNEY HOLDER HARSHAD C.P, S/O.ASHRAF.M.P, RESIDING AT CP HOUSE, ATHIYADAM, EZHOM, PAZHAYANGADI P.O., KANNUR DISTRICT, PIN - 670303 BY ADV V.RAMKUMAR NAMBIAR RESPONDENTS/PETITIONERS: 1 SHAREEFABI.A AGED 38 YEARS D/O.SYED ABDUL KAREEM @ POOKUNHI KOYA, PAYYARMUR TALUK, KANNUR DISTRICT, PIN - 670304 2 RAFEEDA AGED 19 YEARS D/O. SHAREEFABI.A, PAYYANNUR TALUK, KARNNUR DISTRICT, PIN - 670304 3 RAFEENA (MINOR) AGED 14 YEARS -:2:- 4 SHAFNA (MINOR) AGED 13 YEARS BY ADV. SRI. ASHI M.C. PUBLIC PROSECUTOR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:3:-
BECHU KURIAN THOMAS, J.
Dated this the 14th day of March, 2024

JUDGMENT

Petitioner challenges an order of interim maintenance directing him to pay Rs.4,000/- to each of the respondents.

2. I have heard Sri. V.Ramkumar Nambiar, the learned counsel for the petitioner.

3. This Court notices that the impugned order is dated 01.10.2022. Having permitted to suffer the order for the last eighteen months, it is not proper for this Court to interfere at this juncture, especially when the

order directs payment of interim maintenance to the destitute wife and

children.

3. In this context, it has to be observed that, the learned counsel

fairly submitted that the maintenance case itself is posted for final orders on 14.03.2024. Apart from the amount of interim maintenance being reasonable in the circumstances of the case, I find that the delay itself work against the petitioner. Therefore, I find no merit in this original petition and it is dismissed. Sd/- BECHU KURIAN THOMAS JUDGE Jka/14.03.24 -:4:- APPENDIX OF OP(CRL.) 231/2024 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE INTERIM ORDER PASSED BY THE FAMILY COURT KANNUR IN C.M.P.NO.1/2021 IN M.C.NO.420/2021 DATED 1.10.2022 Exhibit P2 TRUE COPY OF THE INTERIM ORDER OF THE FAMILY COURT KANNUR IN C.M.P.NO.5/2023 IN M.C.NO.420/2021 DATED 20.5.2023. Exhibit P3 TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT KANNUR IN C.M.P.NO.7/2024 IN M.C.NO.420/2021 DATED 2.2.2024.

Same Court & Year Kerala · 2024 Same Parties Muhammed Rasheed C.P vs Shareefabi.a Same Judge Honourable Mr. Justice Bechu Kurian Thomas