IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30376 of 2009(R) -------------------------- MC.712/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------- SAMAD,S/O.KAYAASANTAPURAKKAL KOYASSAN, NEAR FAROOR MOSQUE,OTTEMPURAM,KADAPPURAM, PARIYAPURAM,TIRUR TALUK. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- PURAKATH AMINAMOL,D/O.KASMI, NEAR PAROOK MOSQUE,OTTUPURAM KADAPPURAM, PARAYAPURAM,TIRUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.30376 of 2009 ---------------------------------------- Dated this the 27th day of October 2009 J U D G M E N T Basant,J The petitioner has come to this court seeking a direction for expeditious disposal of C.M.P.No.1505/09, 1504/09 and 1504(a) of 2009. That is the short prayer in this writ petition. 2. The petitioner's mother had filed an application under Section 125 Cr.P.C claiming maintenance. The petitioner remained ex parte and as per the ex parte order passed under Section 125 Cr.P.C, the petitioner was directed to pay maintenance at the rate of Rs.1,200/- per mensum to his mother. As on 20/09/2009, an amount of Rs.28,800/- (24 x Rs.1,200/-) is payable. The mother has initiated steps for execution. 3. At this juncture, the petitioner has filed an application to set aside the ex parte order along with an application to condone the delay exceeding 600 days in filing that petition. He has also filed a third application to stay the execution proceedings till the application to set aside the ex parte order is W.P.C No.30376/09 2 decided. The court below is not disposing of those three applications; but is actively proceeding with the execution of the ex parte order. The petitioner, in these circumstances, is unable to appear before the Family Court. It is in this dilemma that the petitioner has come to this court with the prayer for expeditious disposal of the said three cases. 4. We have no hesitation to agree that the application to set aside the ex parte order must be disposed of by the court below as expeditiously as possible. But, we are not persuaded to agree that the execution of the impugned ex parte order must be suspended unconditionally pending disposal of the application to set aside the ex parte order. We are satisfied that the interests of justice will be served adequately by directing the petitioner to deposit a portion of the amount payable under the impugned order. Expeditious disposal of the petitions can then be directed. 5. Considering the nature of the order we propose to pass, we are satisfied that it is not necessary to wait for issue and return of notice to the respondent/claimant/mother. 6. In the result, this writ petition is allowed subject to conditions. The court below shall dispose of the application to set aside the ex parte order and the application for condonation W.P.C No.30376/09 3 of delay as expeditiously as possible, at any rate, within a period of 30 days from the date of production of this judgment before the court below subject to the condition that the petitioner deposits the amounts as directed in paragraph and appears in person before the court below. 7. It is further directed that the execution of the ex parte order granting maintenance under Section 125 Cr.P.C shall be kept in abeyance till the disposal of the above petitions on condition that the petitioner deposits before the court below or pays to the claimant an amount of Rs.10,000/- (Rupees ten thousand only) within a period of seven days from this date. The amount if deposited shall be released immediately to the claimant/mother. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.C No.30376/09 4 W.P.C No.30376/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009