IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 OP (FC).No. 5 of 2011(R) ------------------------ MC.85/2009 of FAMILY COURT, THIRUVALLA .................... PETITIONER -------------------- HARIKUMAR,S/O.JAGADAMMA, HARI BHAVAN, CHERUMUKHA MURI,IRNIKUDI P.O., NOORANADU VILLAGE,MAVELIKKARA, BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY RESPONDENT(S): --------------- 1. C.S.PRABHA,D/O.SIVAN PILLAI, CHERUVANAM THOTTATHIL,THENGAMKAVU P.O., MALLASSERY, PRAMADAM VILLAGE, KOZHENCHERRY TALUK, PIN-689646 2. ATHUL HARI,S/O.HARIKUMAR,AGED 2 YEARS CHERUVANAM THOTTATHIL, THENGAMKAVU P.O.,MALLASSERY, PRAMADAM VILLAGE KOZHENCHERRY TALUK, (MINOR,REP.BY 1ST RESPONDENT,MOTHER) PIN-689646 3. STATE OF KERALA, REP.BY GOVT PLEADER, HIGH COURT OF KERALA, ERNAKULAM-31 R3 BY GOVT. PLEADER SHRI.P.K. BABU THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 5 of 2011 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of January, 2011 JUDGMENT Joseph, J. The prayer in the Original Petition is for a direction to the Family Court, Thiruvalla to grant the petitioner reasonable time to pay the amount due under Ext.P1. By Ext.P1 the Family Court, Thiruvalla passed orders in M.C.No. 85 of 2009, directing the petitioner to pay an amount of Rs.800/- p.m. to the first respondent and Rs.700/-p.m. to the second respondent as maintenance from the date of the petition. The petitioner is facing financial difficulties. He prays that the warrant of arrest issued for non-compliance with Ext.P1 may be kept in abeyance. 2. This Court has pass an order on 3.1.2011 staying the execution of the warrant of arrest till 7.1.2011 subject to the O.P.(FC).No. 5 of 2011 2 condition that the petitioner will deposit the entire amount due as per Ext.P1 before the court below on or before 6.1.2011. 3. Today when the matter came up, learned counsel for the petitioner submits that the petitioner has been able to raise Rs.14,000/- He seeks a week's time for raising the entire amount. In such circumstances we direct that the warrant issued pursuant to Ext.P1 against the petitioner shall be kept in abeyance till 18.1.2011. This is to enable the petitioner to pay off the entire amount. Needless to say, if the petitioner does not pay the amount as aforesaid, the proceedings can continue against the petitioner. 4. The Original Petition is accordingly disposed of. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm