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2025 Supreme(Online)(Ker) 43672

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
MOOSA.P – Appellant
Versus
RUFEEDA – Respondent
RPFC NO. 346 OF 2023 | RPFC NO. 306 OF 2023 | RPFC NO. 307 OF 2023 | RPFC NO. 308 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.LIJIN THAMBAN, SRI.G.S.KRISHNAN KARTHA
For the Respondents: SMT.C.LEENA

The court reinforced that maintenance obligations must be enforced reasonably, allowing payment arrangements to prevent civil imprisonment under Section 125.

Headnote:(A) Criminal Procedure Code, Section 125 - Maintenance - Revision petitions against execution orders leading to imprisonment for non-payment of maintenance - Petitioner directed to deposit arrears, with provisions for installment application in Family Court - Court noted prior custody and payment details - Impounding of arrears acknowledged. (Paras 1, 2, 3)

(B) Jurisdiction of Family Court - The court emphasized the need for alternative arrangements for maintenance payment and the jurisdiction to enforce such requests affirmatively if filed timely. (Paras 2, 3)

Facts of the case:
The revision petitions were filed to challenge civil imprisonment for failure to pay maintenance ordered under Section 125. The petitioner was in civil prison since 31.08.2023, with significant arrears highlighted.

Findings of Court:
The court provided a direction for the petitioner to deposit a specified amount and allowed for applications concerning further payment arrangements, noting the importance of addressing ongoing arrears respectfully.

Issues: Key issues involved the enforcement of maintenance payment orders and the petitioner's liberty to negotiate a suitable payment plan before proceeding to civil imprisonment.

Ratio Decidendi: The court affirmed that while revising the execution of maintenance orders; arrangements for payments should consider the party's capacity to fulfill them, enabling a lawful and just resolution through the Family Court.

Result: Revision Petitions disposed of with directions on maintaining obligations and approaching the Family Court.

Table of Content
1. enforcement of maintenance obligations must consider reasonable arrangements. (Para 1 , 2)
2. petitioner allowed relief and alternative payment discussions in family court. (Para 3)

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. 346 OF 2023 AGAINST THE ORDER/JUDGMENT DATED 31.10.2022 IN MC NO.289 OF

2019 OF FAMILY COURT, KANNUR REVISION PETITIONER/RESPONDENT:

MOOSA.P AGED 50 YEARS S/O MUHAMMED, MC COLONY, GARAGANDUR, SONDIKOPPA, COORG, PIN - 581105 BY ADVS.

SRI.LIJIN THAMBAN SRI.G.S.KRISHNAN KARTHA RESPONDENTS/PETITIONERS:

1 RUFEEDA AGED 42 YEARS W/O MOOSA, AYISHAS, ADIKADALAYI, KANNUR, KERALA, INDIA,, PIN - 670007

2 MUNAVIRA AGED 20 YEARS D/O MOOSA, AYISHAS, ADIKADALAYI, KANNUR, KERAFA, INDIA, PIN - 670007 BY ADV. SMT.C.LEENA THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 18.09.2025, ALONG WITH RPFC.306/2023, 307/2023 AND CONNECTED CASES, 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. 306 OF 2023 AGAINST THE ORDER/JUDGMENT DATED 31.10.2022 IN MC NO.289 OF

2012 OF FAMILY COURT, KANNUR REVISION PETITIONER/RESPONDENT:

MOOSA.P AGED 50 YEARS S/O MUHAMMED, MC COLONY, GARAGANDUR, SONDIKOPPA, COORG, KARNATAKA, KERALA, INDIA,, PIN - 682502 BY ADVS.

SRI.LIJIN THAMBAN SRI.G.S.KRISHNAN KARTHA RESPONDENT/PETITIONER:

RUFEEDA AGED 42 YEARS W/O MCOSA, AYISHAS, ADIKADALAYI, KANNUR, KERALA, INDIA, PIN - 670007 BY ADV. SMT.C.LEENA ADMISSION ON 18.09.2025, ALONG WITH RPFC.346/2023 AND CONNECTED CASES, 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. 307 OF 2023 AGAINST THE ORDER/JUDGMENT DATED 31.10.2022 IN MC NO.289 OF

2019 OF FAMILY COURT, KANNUR REVISION PETITIONER/COMPLAINANT:

MOOSA.P AGED 50 YEARS S/O MUHAMMED, MC COLONY, GARAGANDUR, SONDIKOPPA, COORG, PIN - 581105 BY ADVS.

SRI.LIJIN THAMBAN SRI.G.S.KRISHNAN KARTHA RESPONDENT/ACCUSED:

1 RUFEEDA AGED 42 YEARS W/O MOOSA, AYISHAS, ADIKADALAYI, KANNUR, KERALA, INDIA,, PIN - 670007

2 MUNAVIRA AGED 20 YEARS D/O MOOSA, AYISHAS, ADIKADALAYI, KANNUR, KERALA, INDIA, PIN - 670007 ADMISSION ON 18.09.2025, ALONG WITH RPFC.346/2023 AND CONNECTED CASES, 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. 308 OF 2023 AGAINST THE ORDER/JUDGMENT DATED 31.10.2022 IN MC NO.289 OF

2012 OF FAMILY COURT, KANNUR REVISION PETITIONER/RESPONDENT/RESPONDENT:

MOOSA.P., AGED 50 YEARS S/O MUHAMMED ,MC COLONY,GARAGANDUR, SONDIKOPPA,COORG,KARNATAKA, KERALA, INDIA, PIN - 682502 BY ADVS.

SRI.LIJIN THAMBAN SRI.G.S.KRISHNAN KARTHA RESPONDENT/PETITIONERS/PETITIONERS:

1 RUFEEDA AGED 42 YEARS W/O MOOSA, AYISHAS, ADIKADALAYI KANNUR, KERALA, INDIA, PIN - 670007

2 MUNAVIRA AGED 20 YEARS D/O MOOSA, AYISHAS, ADIKADALAYI, KANNUR, KERALA, INDIA, PIN - 670007 ADMISSION ON 18.09.2025, ALONG WITH RPFC.346/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J --------------------------------

R.P.(F.C) Nos.346, 306, 307 & 308 of 2023 -------------------------------

Dated this the 18th day of September, 2025

ORDER

These Revision Petitions are filed against the orders passed in execution petitions filed based on an order passed under Section 125 Cr.P.C. As per the impugned orders in these cases, the petitioner was sentenced to undergo imprisonment in Civil Prison for different periods.

2. When these Revision Petitions came up for consideration before this Court on 14.09.2023, this Court passed the following order in Crl.M.A. No.1/2023:

“Learned counsel for the petitioner submits that the pet

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