IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH APRIL 2007 / 23RD CHAITHRA 1929 WP(C).No. 11186 of 2007(S) -------------------------- AGAINST THE ORDER DATED 26/03/2007 IN CMP NO.758/2006 IN MC.85/2005 of FAMILY COURT, THIRUVALLA .................... PETITIONER: ------------ BIJU THOMAS, VETTUPARAMBIL VEEDU, EZHUMATTOR MURI, EZHUMATTOR VILLAGE, MALLAPALLY TALUK. BY ADV. SRI.P.HARIDAS RESPONDENTS: ------------- 1. ANNIE THOMAS, THAKIDIYIL VEEDU, VALANKARA, VENNIKULAM P.O., PURAMATTAM VILLAGE, MALLAPALLY TALUK. 2. BONY.B.THOMAS, AGED 3 YEARS, (MINOR), DO. (MINOR IS REPRESENTED BY THE 1ST RESPONDENT, THE MOTHER). BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.AJITH MURALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/04/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & ANTONY DOMINIC, JJ. ======================== W.P.(C) NO. 11186 OF 2007 ====================== Dated this the 30th day of March, 2007 O R D E R P.R.Raman, J. It is submitted by the learned counsel appearing for the petitioner that towards maintenance ordered by the Court below, though he approached by filing a revision, that was dismissed. Since the petitioner had a remedy seeking to set aside the ex parte award by approaching the Family Court itself, without fetter of such right, revision was dismissed. Later he filed an application Ext.P2 to set aside ex parte order of maintenance. In the meantime the execution petition filed pursuant to the order of maintenance passed by the Family Court in which it is stated that the parties arrived at a settlement and the petitioner offered an amount of Rs.1,25,000/-, which was acceptable to the respondent as well. But the Family Court did not permit the parties to amicably settle the matter and has issued an arrest warrant. A copy of the arrest warrant is however not served on the petitioner. These are the averments in this Writ Petition. In these circumstances, we think the matter requires further WPC 11186/2007 : 2 : consideration. Hence issue notice before admission by Speed Post. Notice shall be served also on the counsel appearing for the respondents before the Family Court. Post on 11/4/2007. In the meantime arrest warrant, if any issued by the Family Court will stand stayed. Hand over the order. P.R.RAMAN, JUDGE. ANTONY DOMINIC, JUDGE. Rp