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2025 Supreme(Online)(Ker) 43669
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
RADHAKRISHNAN – Appellant
Versus
PRASEEDA – Respondent
RPFC NO. 295 OF 2023 | RPFC NO. 296 OF 2023 | RPFC NO. 300 OF 2023
For the Appellants/Petitioners: SRI.P.A.HARISH, SHRI.V.V.SURENDRAN
For the Respondents: SRI.K.RAKESH
Petitioner must be given an opportunity to raise all legal contentions before execution of maintenance orders.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 125 - Maintenance - Revision petitions filed against the execution court's order for imprisonment for non-payment of maintenance - Court clarifies that consecutive orders violated legal provisions, allowing petitioner to raise legal contentions. (Paras 1, 4)
(B) Maintenance and legal rights - Right to contest legal grounds not initially raised - Court emphasized the importance of addressing all legal contentions before execution of orders. (Paras 2, 3)
Facts of the case:
The revision petitions challenged the orders for imprisonment due to non-payment of maintenance. The petitioner contended improper application of legal provisions.
Findings of Court:
Impugned orders set aside, allowing a chance to raise legal grounds with deferral of coercive actions.
Issues: The legality of imprisonment orders and the overlap in claims concerning maintenance.
Ratio Decidendi: The court emphasized that all legal contentions must be presented to facilitate justice before execution.
Result: Revision petitions allowed.
| Table of Content |
|---|
| 1. clarification of execution orders. (Para 1) |
| 2. opportunity to raise legal contentions. (Para 2 , 3) |
| 3. impugned orders set aside. (Para 4) |
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY,THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947 RPFC NO. 295 OF 2023 AGAINST THE ORDER DATED 06.05.2023 IN CRL.M.P.(EXE) NO.267/2020 IN MC NO.625/2013 IN MC NO.453 OF 2008 OF THE FAMILY COURT, MALAPPURAM REVISION PETITIONER/RESPONDENT:
RADHAKRISHNAN AGED 50 YEARS S/O. NEELANDAN, RESIDING AT THAMARASSERI HOUSE, MULLANMADAKKAL, PO. MOORKANAD, URNGATTIRI, MALAPPURAM, PIN - 679338 BY ADVS.
SRI.P.A.HARISH SHRI.V.V.SURENDRAN RESPONDENTS/PETITIONERS:
1 PRASEEDA AGED 40 YEARS D/O. NADI, RESIDING AT NEEDARATHIL HOUSE, GANDHIKKUNNU, VIA- VENGARA, PO. KANNATTIPPADI, TIRURANGADI TALUK, MALAPPURAM, PIN - 676306
2 SAYANA AGED 19 YEARS D/O. RADHAKRISHNAN, RESIDING AT NEEDARATHIL HOUSE, GANDHIKKUNNU, VIA- VENGARA, PO.
KANNATTIPPADI, TIRURANGADI TALUK, MALAPPURAM, PIN - 676306 BY ADV SRI.K.RAKESH THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 18.09.2025, ALONG WITH RPFC.296/2023 & 300/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY,THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947 RPFC NO. 296 OF 2023 AGAINST THE ORDER DATED 06.05.2023 IN CRL.M.P.(EXE) NO.257/2021 IN MC NO.625/2013 IN MC NO.453 OF 2008 OF THE FAMILY COURT, MALAPPURAM REVISION PETITIONER/RESPONDENT:
RADHAKRISHNAN AGED 50 YEARS S/O. NEELANDAN, RESIDING AT THAMARASSERI HOUSE, MULLANMADAKKAL, PO. MOORKANAD, URNGATTIRI, MALAPPURAM-679338 BY ADVS.
SRI.P.A.HARISH SHRI.V.V.SURENDRAN RESPONDEN T S / PETITIONER S :
1 PRASEEDA AGED 40 YEARS /O. NADI, RESIDING AT NEEDARATHIL HOUSE, GANDHIKKUNNU, VIA- VENGARA, PO. KANNATTIPPADI, TIRURANGADI TALUK, MALAPPURAM, PIN - 676306
2 SAYANA AGED 19 YEARS D/O. RADHAKRISHNAN, RESIDING AT NEEDARATHIL HOUSE, GANDHIKKUNNU, VIA- VENGARA, PO.
KANNATTIPPADI, TIRURANGADI TALUK, MALAPPURAM, PIN - 676306 BY ADV SRI.K.RAKESH THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 18.09.2025, ALONG WITH RPFC.295/2023 AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY,THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947 RPFC NO. 300 OF 2023 AGAINST THE ORDER DATED 06.05.2023 IN CRL.M.P.(EXE) NO.230/2022 IN MC NO.309/2020 IN MC NO.625/2013 IN MC NO.453 OF 2008 OF THE FAMILY COURT, MALAPPURAM REVISION PETITIONER/RESPONDENT:
RADHAKRISHNAN AGED 50 YEARS S/O. NEELANDAN, RESIDING AT THAMARASSERI HOUSE, MULLANMADAKKAL, PO. MOORKANAD, URNGATTIRI, MALAPPURAM, PIN - 679338 BY ADV SRI.P.A.HARISH RESPONDENTS/PETITIONERS:
1 PRASEEDA AGED 40 YEARS D/O. NADI, RESIDING AT NEEDARATHIL HOUSE, GANDHIKKUNNU, VIA- VENGARA, PO. KANNATTIPPADI, TIRURANGADI TALUK, MALAPPURAM, PIN - 676306
2 SAYANA AGED 19 YEARS D/O. RADHAKRISHNAN, RESIDING AT NEEDARATHIL HOUSE, GANDHIKKUNNU, VIA- VENGARA, PO.
KANNATTIPPADI, TIRURANGADI TALUK, MALAPPURAM, PIN – 676306 BY ADV SRI.K.RAKESH THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 18.09.2025, ALONG WITH RPFC.295/2023 AND CONNECTED CASE, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V. KUNHIKRISHNAN, J.
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R.P.F.C. Nos. 295, 296 & 300 OF 2023 ----------------------------------------------
Dated this the 19th day of September, 2025
ORDER
These revision petitions are filed against the orders passed by the execution court in the petitions filed to execute the orders passed under Section 125 Cr.P.C. The Family Court, Malappuram, as per the impugned orders, directed the petitioner to undergo imprisonment in civil prison for non-
payment of maintenance, for different periods.
2. When these revision petitions came up for consideration on 27.06.2023, this Court passed the following order:
“Admit. Issue notice to the resp
