IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 32598 of 2008(S) -------------------------- AGAINST THE ORDER IN MC 98/2006 IN MC.241/2002 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------- SAIFUDHEEN, S/O.THEKKAN ALI, AGED 29 YEARS THEKKAN HOUSE, KOTTINGAL, VAZHIKKADAVU, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- SARFUDHEEN-MINOR, REPRESENTED BY MOTHER- GUARDIAN, JAMEELA, D/O.KUNIYIL AZEEZ, MODAPOIKA, VAZHIKKADAVU, MALAPPURAM DISTRICT. ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32598 of 2008(S) APPENDIX PETITIONER'S EXHIBITS - P1 - TRUE COPY OF THE JUDGMENT OF THE ADDL.SESSIONS COURT (FAST TRACK COURT NO.III), MAJERI IN SC 115/03 DATED 28.5.08. P2 - TRUE COPY OF ORDER OF THE FAMILY COURT, MANJERI DATED 19.2.03 IN MC 241/02. P3 - TRUE COPY OF THE ORDER PASSED BY THE FAMILY COURT, MANJERI DATED 16.12.03 IN MC 349/03. P4 - TRUE COPY OF THE ORDER DATED 1.7.04 IN MC 349/03 OF THE FAMILY COURT, MANJERI. P5 - TRUE COPY OF THE ORDER OF THE FAMILY COURT, MANJERI IN MC 98/06 DT. 25.4.06. P6 - TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE FAMILY COURT, MALAPPURAM FOR SETTING ASIDE EXT.P5, DT. 2810.08. P.R. RAMAN & P.S. GOPINATHAN, JJ. -------------------------------------------- W.P.(C) NO.32598 of 2009 ---------------------------------------------- DATED:MARCH 6, 2009. JUDGMENT Raman, J. The petitioner, aggrieved by the ex parte decree passed by the Family Court awarding maintenance for the wife and child, preferred an application seeking to set aside the ex parte decree and to restore the case to file. On an earlier occasion the wife was declared ex parte i two earlier M.Cs. and subsequently she filed the present M.C. and got the ex parte order. The grievance of the petitioner is that though the petition for setting aside the ex parte order is pending, the Family Court is proceeding with the execution of the order passed in the M.C. At the time of admission we granted a stay and it was extended. The respondent entered appearance. 2. In the factual situation there will be a direction to the Family Court, Manjeri to consider and dispose of Ext.P6 application seeking to set aside the ex parte decree as expeditiously as possible, at any rate, within a period W.P.(C) NO.32598 of 2009 :2: of three months. The stay granted by this Court will continue till then on condition that an amount of Rs.5000/- is deposited by him before the Family Court within one month from today. Notwithstanding the contest made by him regarding his liability to maintain the child, it will be decided in the matter in case the case is restored to file. Writ petition is disposed of as above. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-