High Court of KeralaOP(Crl.)/266/2015disposed of

Koya v. Muhasina (Minor)

2015-12-16Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 OP(Crl.).No. 266 of 2015 (Q) ----------------------------- MC 113/2013 OF FAMILY COURT, TIRUR.

........

PETITIONER:

------------------- KOYA, AGED 38 YEARS, S/O.MOOSA, ENIKAKANTEPURAKKAL HOUSE, P.O.VAKKAD, NEAR VAKKAD HOSPITAL, MALAPPURAM DISTRICT.

BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S):

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1. MUHASINA (MINOR), AGED 10 YEARS, D/O.KOYA

2. MURSHIDA (MINOR), AGED 8 YEARS, D/O.KOYA, BOTH ARE REPRESENTED BY THEIR MOTHER ASMA, KOORATANTE PURAKKAL HOUSE, P.O.PADINHAREKARA, PANDAYI, MALAPPURAM DISTRICT.

THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: mbr/

OP(Crl.).No. 266 of 2015 (Q) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT. P1 :

TRUE COPY OF THE ORDER DATED 16.11.2013 IN M.C.NO.113/2013 OF FAMILY COURT, TIRUR.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

B.KEMAL PASHA, J.

================ O.P. (Crl.) No. 266 of 2015 ======================= Dated this the 16th day of December, 2015

JUDGMENT

Heard the learned counsel for the petitioner.

2. The interim order passed by this Court is confined to the execution of the coercive steps against the petitioner. Such proceedings shall stand stayed in view of the fact that the petitioner has complied with the interim direction passed by this Court, deposit an amount of 50,000/- before the court below. The said ₹ amount can be released to the respondents.

3. The petitioner shall be permitted to file an application for setting aside the ex parte order passed by the court below, within a period of 15 days from today. The court below shall dispose of such application on merits in accordance with the law. Till then,

O.P. (Crl.) No. 266 of 2015 -: 2 :- execution of the impugned order shall stand stayed. This original petition is disposed of accordingly. Sd/- B.KEMAL PASHA, JUDGE stu