The Commissione of Income Tax-IV, vs. M/s. Power Computer Technologies

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 17TH DAY OF MARCH 2023 / 26TH PHALGUNA, 1944 OP(CRL.) NO. 638 OF 2016 MC 339/2016 OF FAMILY COURT,ERNAKULAM PETITIONER: K.H.ASHARAF, AGED 51 YEARS, S/O K.H.HASSANAR, KIZHAKKEKKARA HOUSE, VATTEKKUNNAM, EDAPPALLY NORTH P.O., THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK,ERNAKULAM DISTRICT. BY ADVS.SRI.VARGHESE C.KURIAKOSE SMT.SEENU SADIQUE RESPONDENT: 1 NIDA A.NAHIYA, AGED 18 YEARS, D/O ASHARAF K.H., MULLAPPILLY HOUSE,NEDUMTHODE, MUDICKAL P.O., PERUMBAVOOR, PIN:683547. 2 KENZ A. NAHIYA, AGED 12 YEARS, S/O ASHARAF K.H., MULLAPPILLY HOUSE,NEDUMTHODE, MUDICKAL P.O., PERUMBAVOOR, PIN:683547.REPRESENTED BY MOTHER SEENA M.A. BY ADVS.SMT.K.BINUMOLE THOMAS SRI.T.M.RAMAN KARTHA, SMT.M.S.SOUJATH SHRI.SREEHARI INDUKALADHARAN THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(Crl).No.638/2016 -:2:- J U D G M E N T Dated this the 17th day of March, 2023 Exts. P9 and P10 orders passed by the Family Court, Ernakulam are under challenge in this original petition. 2. I have heard Sri. Varghese C. Kuriakose, the learned counsel for the petitioner and Smt. K. Bindumole Thomas, the learned counsel for the respondents. 3. The petitioner is the husband of the 1st respondent and the father of the 2nd respondent. The respondents filed M.C.No.339/2016 before the Family Court, Ernakulam claiming maintenance. Along with the MC, the respondents filed M.P.No.901/2016 claiming interim maintenance. In the said MP, the petitioner was set ex-parte. Thereafter, the petitioner filed M.P.No.1040/2016 seeking time to prefer counter affidavit and to hear the application for interim maintenance on merits. The said application was dismissed as per Ext.P9 order and the Family Court directed the petitioner to pay a monthly maintenance of

O.P.(Crl).No.638/2016 -:3:- Rs.15,000/- to the 1st respondent and Rs.10,000/- to the 2nd respondent. It is seen from Ext.P10 that it was passed without hearing the petitioner. Even though the petitioner did not file counter affidavit in time, he sought for time to file counter affidavit before an order is passed in the M.P.No.901/2016. Considering the fact that this case is pending for the last more than 7 years, I am of the view that this original petition can be disposed of with a direction to the learned Family Court Judge to dispose of the MC as well as the interim petition within a time frame. 4. Hence, the following order is passed: (i) The Family Court shall take up M.P.No.901/2016 and dispose of the same within a period of one month from the date of receipt of a copy of this judgment. (ii) The petitioner herein shall be given an opportunity to file counter affidavit and also for hearing. (iii) The respondents shall also be given an opportunity for hearing. (iv) The learned Family Court Judge is also directed to

O.P.(Crl).No.638/2016 -:4:- dispose of M.C.No.339/2016 within 6 months from the date of receipt of a copy of this judgment. (v) As an interim measure, the petitioner is directed to deposit a sum of Rs.50,000/- within a period of two weeks and another sum of Rs. 50,000/- within two weeks thereafter towards arrears of maintenance. (vi) On such deposit, the respondents are entitled to withdraw the same.

Sd/- DR. KAUSER EDAPPAGATH JUDGE kp

O.P.(Crl).No.638/2016 -:5:- APPENDIX OF OP(CRL.) 638/2016 PETITIONER EXHIBITS EXHIBIT P1: TRUE PHOTOSTAT COPY OF THE O.P.NO.1541/2012. EXHIBIT P2: TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENTS FILED BY THE IST RESPONDENT THEREIN IN OP NO.1541/2012. EXHIBIT P3: TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENTS FILED BY THE 2ND AND 3RD RESPONDENTS THEREIN IN O.P.NO.1541/2012 ON THE FILES OF THE FAMILY COURT, ERNAKULAM. EXHIBIT P4: TRUE PHOTOSTAT COPY OF THE FIR LODGED IN CRIME NO.804/2016 ON THE FILES OF MUSEUM POLICE STATION, TRIVANDRUM. EXHIBIT P5: TRUE PHOTOSTAT COPY OF THE FIR IN CRIME NO.738/16 ON THE FILES OF THIRUVALLAM POLICE STATION. EXHIBIT P6: TRUE PHOTOSTAT COPY OF THE M.A.NO.339/2016. EXHIBIT P7: TRUE PHOTOSTAT COPY OF THE M.P.NO.901/2016 IN M.C.NO.339/2016. EXHIBIT P8: TRUE PHOTOSTAT COPY OF THE M.P.NO.1040/2016 IN M.C.NO.339/2016. EXHIBIT P9: TRUE PHOTOSTAT COPY OF THE ORDER PASSED IN EXT.P8 APPLICATION. EXHIBIT P10: TRUE PHOTOSTAT COPY OF THE ORDER PASSED IN M.P.NO.901/2016.

O.P.(Crl).No.638/2016 -:6:- EXHIBIT P11: TRUE PHOTOSTAT COPY OF THE MP.NO.1213/2016. Exhibit P12 TRUE PHOTOSTAT COPY OF THE INCOME TAX RETURN SUBMITTED BY THE PETITIONER FOR THE ASSESSMENT YEAR, 2022-23 DATED 12.07.2022 Exhibit P13 TRUE PHOTOSTAT COPY OF THE ANNUAL STATEMENT CONTAINING TDS DETAILS FOR THE YEAR, 2022-23 Exhibit P14 TRUE PHOTOSTAT COPY OF THE MEDICAL CERTIFICATE ISSUED BY LISSIE HOSPITAL, ERNAKULAM DATED 19.11.2018 Exhibit P15 TRUE PHOTOSTAT COPY OF THE MARRIAGE CERTIFICATE DATED 12.11.2016 Exhibit P16 TRUE PHOTOSTAT COPY OF THE BIRTH CERTIFICATE PERTAINING TO ADARSH. A.NAHIA INDICATING THE DATE OF BIRTH ON 04.10.2014