IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26654 of 2010(R) -------------------------- MC.63/2003 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- N.SALIM, S/O.NARAYANAN,AGED 41 YEARS, RESIDING AT MAMBAEKKATTIL HOUSE, CHEVAYUR, KOZHIKODE-17. PRESENTLY WORKING AS MANAGER, CALICUT MUNICIPAL CORPORATION EMPLOYEES CO-OPERATIVE SOCIETY LTD., F 953, CORPORATION OFFICE, CALICUT. BY ADV. SRI.T.MADHU RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CALICUT MUNICIPAL CORPORATION EMPLOYEES CO-OPERATIVE SOCIETY LTD., NO. F953, CORPORATION OFFICE, CALICUT, REPRESENTED BY ITS SECRETARY. 3. AJI KUMAR, S/O.SATHYAVRATHAN, POOKODU VEEDU, ELANTHUR VILLAGE, PARIYARAM MURI, PATHANAMTHITTA DISTRICT, PIN - 689 643. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) No.26654 of 2010 ********************* Dated this the 20th day of August, 2010 JUDGMENT BASANT, J. Against the petitioner, his wife and child filed a petition claiming maintenance under Section 125 Cr.P.C. During the pendency of that petition (M.C.No.63 of 2003 before the Family Court, Thiruvalla), one of the claimants (wife) expired. The minor daughter continued with the proceedings with the 3rd respondent herein representing her. Ext.P1 order was passed directing payment of monthly maintenance @ Rs.2,000/- per mensem to the claimant/minor daughter The amount was not paid and therefore execution was taken out. The petitioner is an employee in a Co-operative society and the 2nd respondent herein, the employer of the petitioner, was directed to deduct amounts from his monthly salary and remit the same to the Court. That order Ext.P2 was issued on 26.04.2007. The minor child expired on 04.12.2008. Ext.P5 death certificate confirms that. W.P(C) No.26654 of 2010 2 2. At this juncture the petitioner has come to this Court. He raises a grievance that notwithstanding the death of the claimant/minor child, amounts are continued to be deducted from his salary. Amounts already deducted are lying in deposit in the Family Court, Thiruvalla, and the same has not been released to anyone. In these circumstances, continued deduction of amounts on the strength of Ext.P2 order is unjustified. He prays that appropriate direction may be ordered. 3. Has the petitioner moved the Family Court ? Has anyone else stepped into the shoes of the claimant child, who has now expired ? Has there been any impleadment of parties ? Why has the petitioner without and before moving the Family Court chosen to come before this Court ? Why is it that the petition has been filed before the Division Bench and not before the Single Judge dealing with the revision petitions against orders of the Family Court ? We do not get satisfactory answers for all our queries. 4. Be that as it may, we are satisfied that the petitioner must first move the Family Court with a prayer that further deductions under Ext.P2 order must be discontinued and that the amounts already in deposit should be released to him. The W.P(C) No.26654 of 2010 3 Family Court must consider such request in accordance with law and pass appropriate orders. We find absolutely no reason to invoke our jurisdiction under Article 227 of the Constitution prematurely at this stage. 5. With the above observations, this Writ Petition is dismissed. 6. Hand over a copy of this order to the learned counsel for the petitioner for production before the Family Court when he files such application as referred above. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/