Bindu C. vs Santhosh Kumar - Court Judgment

SooperKanoon Citationsooperkanoon.com/1617547
CourtKerala High Court
Decided OnMay-28-2021
Case NumberOP(Crl.)/128/2021
JudgeHonourable Mr. Justice Sunil Thomas
AppellantBindu C.
RespondentSanthosh Kumar
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice sunil thomas friday, the 28th day of may 2021 / 7th jyaishta, 1943 against the order/judgement in mc 166/2018 of judicial magistrate of first class, alathur, palakkadpetitioner: bindu c. aged 36 years w/o. santhoshkumar, thennikkal veedu, pazhambalakkode p.o, tarur, alathur taluk, palakkad district-678 544 by adv baby mathew respondent: santhosh kumar aged 50 years santhosh kumar, s/o. krishnan ezhuthachan, chembrayathu, paruthipulli, peringottukurissy p.o, alathur taluk, palakkad district-678 574 this op (criminal) having come up for admission on 28.05.2021, the court on the same day delivered the following:judgementdated this the 28th day of may 2021 the petitioners herein filed m.c. no.166/2018 on the files of judicial first class magistrate court, alathur seeking maintenance from the first respondent for herself and the children. the learned magistrate by ext.p4 interim order, directed rs.1,500/- each to be paid to the minor children and the wife.2. the grievance of the petitioner is that the above amount has not been paid even now. hence, she seeks for an early disposal of m.c. no.166/2018.3. having considered the limited prayer sought by thepetitioner, i do not feel that notice should be issued to the respondent since, any direction for an expeditious disposal of the case can only enure to the benefit of both sides.accordingly, i am inclined to dispose of o.p. (crl.) no.128/2021 directing the judicial first class magistrate court, alathur to take up and dispose of m.c. no.166/2018, as expeditiously as possible, at any rate, within a period of four months from the date of lifting of lock down in that district. it is made clear that this will not preclude the petitioner from executing coercive steps for the recovery of arrears. sd/- sunil thomas judge skp/28-5 appendix of op(crl.) 128/2021petitioner's exhibits: exhibit p1 true copy of the petition in mc no. 166/2018 on the files of the magistrate court, alathur.exhibit p2 true copy of the petition dated 3.5.2018 in exhibit p3 true copy of the objection dated 15.12.2018 in exhibit p4 true copy of the order dated 25.01.2019 in cmpno. 4130/2018 exhibit p5 true copy of the judgment dated 24.05.2019 in crl. appeal no. 46/2019 exhibit p6 true copy of the petition dated 12.06.2019 in cmp no. 6232/2019 respondent's exhibits: nil true copy p.a. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943 AGAINST THE ORDER/JUDGEMENT IN MC 166/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS, ALATHUR, PALAKKAD

PETITIONER: BINDU C. AGED 36 YEARS W/O. SANTHOSHKUMAR, THENNIKKAL VEEDU, PAZHAMBALAKKODE P.O, TARUR, ALATHUR TALUK, PALAKKAD DISTRICT-678 544 BY ADV BABY MATHEW RESPONDENT: SANTHOSH KUMAR AGED 50 YEARS SANTHOSH KUMAR, S/O. KRISHNAN EZHUTHACHAN, CHEMBRAYATHU, PARUTHIPULLI, PERINGOTTUKURISSY P.O, ALATHUR TALUK, PALAKKAD DISTRICT-678 574 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGEMENT

Dated this the 28th day of May 2021 The petitioners herein filed M.C. No.166/2018 on the files of Judicial First Class Magistrate Court, Alathur seeking maintenance from the first respondent for herself and the children. The learned Magistrate by Ext.P4 interim order, directed Rs.1,500/- each to be paid to the minor children and the wife.

2. The grievance of the petitioner is that the above amount has not been paid even now. Hence, she seeks for an early disposal of M.C. No.166/2018.

3. Having considered the limited prayer sought by the

petitioner, I do not feel that notice should be issued to the respondent since, any direction for an expeditious disposal of the case can only enure to the benefit of both sides.

Accordingly, I am inclined to dispose of O.P. (Crl.) No.128/2021 directing the Judicial First Class Magistrate Court, Alathur to take up and dispose of M.C. No.166/2018, as expeditiously as possible, at any rate, within a period of four months from the date of lifting of lock down in that district. It is made clear that this will not preclude the petitioner from executing coercive steps for the recovery of arrears. Sd/- SUNIL THOMAS JUDGE SKP/28-5 APPENDIX OF OP(CRL.) 128/2021

PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PETITION IN MC NO. 166/2018 ON THE FILES OF THE MAGISTRATE COURT, ALATHUR.

EXHIBIT P2               TRUE COPY OF THE PETITION DATED 3.5.2018 IN
EXHIBIT P3               TRUE COPY OF THE OBJECTION DATED 15.12.2018 IN
EXHIBIT P4               TRUE COPY OF THE ORDER DATED 25.01.2019 IN CMP

NO. 4130/2018 EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 24.05.2019 IN CRL. APPEAL NO. 46/2019 EXHIBIT P6 TRUE COPY OF THE PETITION DATED 12.06.2019 IN CMP NO. 6232/2019 RESPONDENT'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE