Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 31787

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
M.P MOIDEEN – Appellant
Versus
SABIRA – Respondent
OP(CRL.) NO. 633 OF 2023

Advocates:
For the Appellants/Petitioners: SRI.P.MOHAMED SABAH, SRI.LIBIN STANLEY, SMT.SAIPOOJA, SMT.R.GAYATHRI, SRI.SADIK ISMAYIL, SRI.M.MAHIN HAMZA
For the Respondents:

Petitioner must comply with Family Court's maintenance order to secure release from civil prison; further arrangements for payments can be negotiated.

Headnote:(A) Family Courts Act, 1984 - Sections 12 and 13 - Original petition filed to quash civil prison order arising from maintenance proceedings and secure release from jail - Direction issued for deposit of maintenance amount to facilitate release - Compliance with the order of the Family Court instructed, allowing petitioner to approach Family Court for installment requests thereafter. (Paras 2-3)

(B) Judicial Approach - The court articulated that the petitioner’s release should follow compliance with the order in a fair manner, considering both sides' needs in maintenance discussions. (Paras 2-3)

Facts of the case:
This petition arises from a civil prison order related to maintenance obligations wherein the petitioner sought the quashing of an earlier order and subsequent facilitation for his release.

Findings of Court:
The court ordered conditions for the petitioner’s release, ensuring both compliance and capacity for future obligations were taken into account.

Issues: The main issue involved whether the earlier order for civil imprisonment was justified and how subsequent arrangements for maintenance could be made.

Ratio Decidendi: The court emphasized that the obligations set forth by the Family Court must be fulfilled to avoid undue imprisonment and allow for fair legal processes.

Result: The original petition is disposed of with the court's directions.

Table of Content
1. family court instructed on compliance related to maintenance. (Para 2 , 3)

JUDGMENT

This original petition is filed with following prayers:

i. Call for the records in connection with the ExhibitP4 order and quash the proceedings initiated and quash the ExhibitP4 order as the same is illegal.

ii. To release the petitioner from civil prison on executing self-bond.

iii. Dispense with the filing of the translation of vernacular documents produced along with this Original Petition iv. Such other relief, order or decision which this Hon’ble court may deem fit in the interest of justice and circumstances of the case.

(SIC)

2. When this original petition came up for consideration on 17.08.2023, this Court passed the following order:

“Heard. Admit.

2. Issue notice to the respondents by registered post as well as by serving copy of this petition to the counsel appearing for the respondents before the Family Court and file memo within seven days.

3. It is submitted by the learned counsel for the petitioner that the petitioner is in jail as per Ext.P4 order in C.M.P.(Ex) No.13/2018 in M.C.

No.68/2012 dated 23.06.2023.

4. The amount covered by Ext.P4 order comes to Rs.1,15,000/-. Therefore, the petitioner is directed to deposit Rs.45,000/- (Rupees Forty Five Thousand Only) at the earliest and on such deposit, the Family Court is directed to release the petitioner from jail, on executing bond for Rs.30,000/- each by the petitioner with two solvent sureties to the satisfaction of the Family Court to secure his presence in this proceedings further. Further payment of maintenance can be worked out after hearing both sides.

Post on 12.09.2023.”

3. If the direction in the above order is complied and if there is any balance amount to be paid as per the execution petition, the petitioner can approach the jurisdictional Family Court with appropriate application for getting time or getting installment facility to clear the arrears. If such an application is filed, the jurisdictional Family Court will consider the same and pass appropriate orders.

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2025 Supreme(Online)(Ker) 31787

IN THE HIGH COURT OF KERALA AT ERNAKULAMP.V.KUNHIKRISHNAN, JM.P MOIDEEN – AppellantVersusSABIRA – RespondentOP(CRL.) NO. 633 OF 2023

Petitioner must comply with Family Court's maintenance order to secure release from civil prison; further arrangements for payments can be negotiated.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
M.P MOIDEEN – Appellant
Versus
SABIRA – Respondent
OP(CRL.) NO. 633 OF 2023