IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Crl.MC.No. 3114 of 2009 --------------------------------------- MC.249/2006 of FAMILY COURT, KOTTAYAM .................... PETITIONER: BIJU KURIAKOSE @ UMMACHAN, S/O.CHACKO KURIAKOSE, AGED 40 YEARS, UMMACHERIL HOUSE, KURICHY.PO, CHINGAVANAM. BY ADV. SRI.VIJAI MATHEWS RESPONDENTS: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MAYA PHILIP, W/O.BIJU KURIAKOSE, AGED 34 YEARS, OTTAPALLIL HOUSE, MANNANAM.PO, KOTTAYAM. 3. NEHA, AGED 8 YEARS, REPRESENTED BY HER MOTHER MAYA PHILIP, W/O.BIJU KURIAKOSE, OTTAPALLIL HOUSE, MANNANAM.PO, KOTTAYAM. 4. ABEL, AGED 7 YEARS, DO. DO. 5. PHILIP, AGED 4 YEARS, DO. DO. R1 BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3114 of 2009 -------------------------- ORDER As per order in M.C.No.249/2006, petitioner was directed to pay a maintenance of Rs.500/- each to respondents 2 to 5 from 22.12.2006, less the interim maintenance already paid, apart from a cost of Rs.500/-. When petitioner failed to pay the maintenance amount, second respondent filed C.M.P. No.563/2009 before Family Court, Ettumanoor, under Section 128 of Code of Criminal Procedure. Annexure -II notice was issued to the petitioner to pay Rs.14,000/-, which is the arrears of maintenance. This petition is filed under Section 482 of Code of Criminal Procedure to stay the warrant issued against the petitioner for realisation of arrears of maintenance. 2. Learned counsel appearing for the petitioner was heard. CRMC 3114/09 2 3. Learned counsel appearing for the petitioner submitted that petitioner is prepared to pay the entire arrears of maintenance within three weeks. If petitioner pays to respondents 2 to 5 or deposits Rs.5,000/- within ten days from today and undertakes to pay the entire balance within three weeks from today, Family Court, Kottayam is directed not to execute the warrant for three weeks. Petition is disposed. 30th September, 2009 (M.Sasidharan Nambiar, Judge) tkv