The Family Court's refusal to summon witnesses was erroneous as their relevance was adequately established.

K.BABU, J.

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O.P (Crl) No.140 of 2026 ---------------------------------------

Dated this the 26^th day of February, 2026 JUDGMENT The prayers in this Original Petition (Criminal) filed under Article 227 of the Constitution of India are as follows:

“(i) Issue appropriate writ or order setting aside Exhibit P4 order dated 10.12.2025 in M.P.No.1881/2025 in M.C.No.145/2019 on the file of Family court; Thrissur.

(ii) Issue appropriate writ or order allowing Exhibit P3 petition in M.P.No.1881/2025 in M.C.No.145/2019 on the file of Family court;

Thrissur (iii) Issue any such other relief or orders as this Hon’ble Court may be deemed fit in the facts and circumstances of this case.”

2. Heard the learned counsel for the petitioner. Respondents did not turn up despite the service of notice through the counsel appearing for the respondents in the Trial Court.

3. The petitioner is the respondent in M.C No.145/2019, a petition filed under Section 125 of the Cr.PC on the file of the Family Court Thrissur, seeking maintenance. The learned Family Court Judge is proceeding with the trial in the matter. The petitioner- husband filed M.P No.1881/2025 seeking to issue summons to the witnesses referred to in Ext.P3 witness schedule. The learned Judge rejected the application as per Ext.P4 order, which reads thus:

“Purpose for the examination of witnesses and adducing the documents are note stated in this petition. Therefore witnesses in the schedule is not in consonance with the provisions contemplated U/s 136 of Evidence At.

Therefore the relevancy is not disclosed in this case and hence it is dismissed.”

4. The reasoning applied by the learned Family Court Judge is that the relevancy of the witnesses sought to be examined is not disclosed.

5. The learned counsel for the petitioner submitted that in Ext.P3 application, the petitioner had narrated the purpose of the examination of the witnesses. It is submitted that in Ext.P3, the petitioner pleaded that he wanted to prove the source of income of the respondent-wife. The learned counsel submitted that the examination of the proposed witnesses is relevant.

6. Having regard to the submissions, I feel that the witnesses proposed to b examined are relevant and the learned Family Court Judge should have issued summons. Therefore, Ext.P4 order dated 10.12.2025 in M.P No.1881/2025 in M.C No.145/2019 stands set aside. The learned Family Court Judge shall issue summons to the witnesses referred to in Ext.P3 witness schedule.

The Original Petition (Criminal) is disposed of as above.

Sd/-