O.P.(Crl.) No. 84 OF 2025 ..1.. 2025:KER:26496 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP(CRL.) NO. 84 OF 2025 AGAINST THE ORDER DATED 25.01.2025 IN CMP NO.2 OF 2024 IN MC NO.319 OF 2021 OF FAMILY COURT, NEDUMANGAD PETITIONER/PETITIONER/ COUNTER PETITIONER: VISHNU M AGED 34 YEARS, S/O K.MURUKESHAN, TC 31/346, ARA 57, ARAPPURA LANE, KARIKAKAM P.O., KADAKAMPILLY, THIRUVANANTHAPURAM, PIN - 695021 BY ADV DIPU JAMES RESPONDENTS/COUNTER PETITIONERS/ PETITIONERS: 1 SARANYA B.S AGED 32 YEARS, D/O V SUDHAKARAN, SARANYA BHAVAN, PARUTHIPPALLY P.O, KUTTICHAL VILLAGE, THIRUVANANTHAPURAM, PIN - 695574 2 AARADHYA.S.V AGED 4 YEARS, D/O. SARANYA, SARANYA BHAVAN, PARUTHIPPALLY P.O, KUTTICHAL VILLAGE, THIRUVANANTHAPURAM, PIN: 695574 REPRESENTED BY FIRST RESPONDENT MOTHER SARANYA B.S AGED 32 YEARS, D/O V SUDHAKARAN, SARANYA BHAVAN, O.P.(Crl.) No. 84 OF 2025 ..2.. 2025:KER:26496 PARUTHIPPALLY P.O, KUTTICHAL VILLAGE, THIRUVANANTHAPURAM,, PIN - 695574 BY ADVS. S.K.ADHITHYAN SHAHINA NOUSHAD(K/000694/2019) REUBEN CHARLY(K/2255/2021) CHRISTY THOMAS(K/000839/2017) VYSHNAV S. NAIR(K/003580/2024) THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(Crl.) No. 84 OF 2025 ..3.. 2025:KER:26496 J U D G M E N T Exhibit P5 order passed by the Family Court, Nedumangad dismissing a petition to re-open the evidence for adducing further evidence filed by the husband in a proceedings under Section 125 of Cr.P.C. is under challenge in this original petition. 2. The petitioner is the husband of the respondent No.1 and father of the respondent No.2. The respondents filed maintenance case against the petitioner as M.C.No.319 of 2021. The evidence of the petitioner as well as the respondents were over. Thereafter, the petitioner filed C.M.P.No.2 of 2024 to re-open the evidence to examine four witnesses. The said petition was dismissed as per Ext.P5 order. It is challenging the said order, this original petition has been filed. 3. I have heard both sides. 4. Admittedly, the petitioner and respondent No.1 are O.P.(Crl.) No. 84 OF 2025 ..4.. 2025:KER:26496 residing separately. According to the petitioner, the respondent No.1, without any valid reason, is living separately. However, the contention of the respondent No.1 is that she lives separately on account of the cruelty exercised by the petitioner. The petitioner wants to examine four witnesses, who allegedly mediated the matter to prove that it was the respondent No.1 who deserted him. The respondent No.1 was examined as PW1 and the petitioner was examined as CPW1. Both of them were cross-examined at length. No question at least by way of suggestion is seen put to PW1 with respect to the reason for their separate living or the alleged mediation talks held. In these circumstances, no purpose will be served in examining the so called witnesses. The maintenance case is of the year 2021. I see no reason to interfere with the impugned order. Accordingly, this original petition is dismissed. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA O.P.(Crl.) No. 84 OF 2025 ..5.. 2025:KER:26496 APPENDIX OF OP(CRL.) 84/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE MC NO. 319 OF 2021 FILED BY THE RESPONDENTS HEREIN BEFORE THE FAMILY COURT, NEDUMANGAD DATED 24.11.2021 EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN IN MC NO. 319 OF 2021 BEFORE THE FAMILY COURT, NEDUMANGAD DATED NIL EXHIBIT P3 A TRUE COPY OF THE AFFIDAVIT AND APPLICATION DATED 30.12.2024 FILED AS CMP NO. 2 OF 2024 ON THE FILES OF FAMILY COURT, NEDUMANGAD EXHIBIT P3(a) A TRUE COPY OF THE WITNESS LIST DATED 30.12.2024 IN MC NO. 319 OF 2021 ON THE FILES OF FAMILY COURT, NEDUMANGAD EXHIBIT P4 A TRUE COPY OF THE WRITTEN OBJECTION DATED 31.12.2024 FILED BY THE RESPONDENTS IN CMP NO. 2 OF 2024 IN MC NO. 319 OF 2021 ON THE FILES OF FAMILY COURT, NEDUMANGAD EXHIBIT P5 A TRUE COPY OF THE SAID ORDER DATED 25.1.2025 IN CMP NO. 2 OF 2024 IN MC NO. 319 OF 2021