Diya Dony vs Dony

Diya Dony vs DONY

Type Court Judgment Court Kerala Decided Mar 05, 2021

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https://sooperkanoon.com/case/1602345

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Citation: sooperkanoon.com/1602345
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Mar 05, 2021
Case Number: OP(Crl.)/64/2021

Parties & Advocates

Appellant / Petitioner

Diya Dony

Respondent

DONY

Excerpt

.....308 r1 by adv. sri.c.a.chacko this op (criminal) having been finally heard on 05.03.2021, the court on the same day delivered the following:o r d e rthe petitioner is the minor daughter of the respondent, who is presently aged 10 years. as perorder in m.c.no.217/2016 (ext.p1 order), the courtbelow directed the respondent herein to pay rs.5,000/- (rupees five thousand only) per month towards the maintenance of the petitioner herein. thereafter, the respondent filed m.c.no.222/2019 (ext.p3) under section 127 cr.p.c. praying for cancellation of ext.p1 order. thereafter, the petitioner filed m.c.no.29/2021 (ext.p5) before the court below praying for enhancing the maintenance awarded as per ext.p1.2. the prayer in this original petition is to issue direction to the court below to consider and dispose of m.c.no. 29/2021 and m.c.no. 222/2019 together.3. heard.4. the learned counsel for the respondent hassubmitted that even though there was a direction from this court as per ext.p4 order to the court below to dispose of m.c.no.222/2019 within three months from the date of receipt of the certified copy of ext.p4, the court below has not so far complied with the said direction. it has been admitted by both sides that the evidence is not yet recorded in ext nos.p3 and p5.since ext.nos.p3 and p5 relate to ext.p1 ordergranting maintenance to the petitioner, it is only just and proper to consider ext.nos. p3 and p5 together. therefore, the court below is directed to consider and dispose of m.c.no.29/2021 and m.c. no.222/2019 together, in accordance with law, as expeditiously as possible and at any time within three months from the date of receipt of this judgment. this original petition (crl) stands disposed of as above. i make it clear that the court below will ensure that exts.p3 and p5 will be disposed of, in accordance with law, within the period stipulated in thisjudgment.sd/- b.sudheendra kumar judge rk/05.03.2021 appendix petitioner's/s exhibits: exhibit p1.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942 OP(Crl.).No.64 OF 2021 AGAINST THE ORDER/JUDGMENT IN MC 29/2021 OF FAMILY COURT, IRINJALAKUDA PETITIONER/S/RESPONDENT: DIYA DONY (MINOR), D/O. DONY, REPRESENTED BY HER MOTHER JISMY D/O. JACOB, AGED 34 YEARS, KALLIYATHUPARAMBIL HOUSE, PERAMBRA DESOM, KODAKARA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT,PIN-680 689 BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT/S/RESPONDENT: DONY S/O MAINATTI PAULOSE, MAINATTI HOUSE, KORATTY DESOM, THEKKUMURI VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT,PIN-680 308 R1 BY ADV. SRI.C.A.CHACKO THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

The petitioner is the minor daughter of the respondent, who is presently aged 10 years. As per

order in M.C.No.217/2016 (Ext.P1 order), the court

below directed the respondent herein to pay Rs.5,000/- (Rupees Five Thousand Only) per month towards the maintenance of the petitioner herein. Thereafter, the respondent filed M.C.No.222/2019 (Ext.P3) under Section 127 Cr.P.C. praying for cancellation of Ext.P1 order. Thereafter, the petitioner filed M.C.No.29/2021 (Ext.P5) before the court below praying for enhancing the maintenance awarded as per Ext.P1.

2. The prayer in this original petition is to issue direction to the court below to consider and dispose of M.C.No. 29/2021 and M.C.No. 222/2019 together.

3. Heard.

4. The learned Counsel for the respondent has

submitted that even though there was a direction from this Court as per Ext.P4 order to the court below to dispose of M.C.No.222/2019 within three months from the date of receipt of the certified copy of Ext.P4, the court below has not so far complied with the said direction. It has been admitted by both sides that the evidence is not yet recorded in Ext Nos.P3 and P5.

Since Ext.Nos.P3 and P5 relate to Ext.P1 order

granting maintenance to the petitioner, it is only just and proper to consider Ext.Nos. P3 and P5 together. Therefore, the court below is directed to consider and dispose of M.C.No.29/2021 and M.C. No.222/2019 together, in accordance with law, as expeditiously as possible and at any time within three months from the date of receipt of this judgment. This Original Petition (Crl) stands disposed of as above. I make it clear that the court below will ensure that Exts.P3 and P5 will be disposed of, in accordance with law, within the period stipulated in this

judgment.

Sd/- B.SUDHEENDRA KUMAR JUDGE RK/05.03.2021 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER PASSED IN MC NO.217/2016 OF FAMILY COURT, IRINJALAKUDA EXHIBIT P2 TRUE COPY OF THE EXE.C.M.P.NO.869/2019 FILED BY THE PETITIONER EXHIBIT P3 TRUE COPY OF THE ALTERNATION PETITION OF MAINTENANCE AMOUNT M.C NO.222/2019 FILED BY THE RESPONDENT EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN OP(CRL) NO.221/2020 DATED 25.8.2020 EXHIBIT P5 TRUE COPY OF THE PETITION MC NO.29/2021 FILED BY THE PETITIONER RESPONDENT'S/S EXHIBITS:NIL

Same Court & Year Kerala · 2021 Same Parties Diya Dony vs DONY Same Judge Honourable Mr. Justice B.Sudheendra Kumar