IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2391 of 2010(R) ------------------------- AGAINST THE ORDER DATED 18/11/2009 IN CMP.1752/2009 IN MC.277/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): ---------------------- POOKKOYA THANGAL,S/O.PONMANICHINTEKATH KUNHIKKOYA, MOOCHIKKAL, NANNAMBRA, POST THEYYALINGAL, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------- 1. MARIYAM, D/O.ODAKKAL ABDUL KADER MUSLIAR, CHUNDAYIL HOUSE, IRINGALLUR POST MALAPPURAM DISTRICT. 2. AHAMMED HUSSAIN, (MINOR) 3. HASNA (MINOR) 4. NASRI (MINOR) (MINOR RESPONDENTS ARE REPRESENTED BY GUARDIAN MOTHER 1ST RESPONDENT). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 2391 OF 2010 R --------------------------------------------------- Dated this the 27th January, 2010 JUDGMENT K.M. Joseph, J. Petitioner has sought the following reliefs: “a) Issue a writ or order calling for the records leading upto Ext.P3 application and issue a direction directing the Family Court, Malappuram to hear and dispose of Ext.P3 application within a time fixed by this Court. b) Issue a writ or order staying the execution of the ex parte order dated 02.06.08 passed in M.C. No.277/08 on the file of the Family Court, Malappuram pending disposal of Ext.P3 application.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the respondent in M.C. No.277/08 on the file of the Family Court, Malappuram. The Family Court, it is stated that on the first day of hearing, since the petitioner failed to appear, passed an ex parte order allowing the M.C. and directing WPC.NO.2391 OF 2010 R 2 the petitioner to pay maintenance at the rate of Rs.2,000/=, Rs.1,000/=. Rs.800/= and Rs.500/= to respondents 1 to 4 respectively. It is stated that Ext.P1 order was passed on the application filed by the petitioner, subject to depositing the entire arrears by 20.1.2009. Petitioner filed R.P.F.C.No.347 of 2009 before this Court. In the meantime, however, the order passed by the Family Court came to be executed and the petitioner deposited the entire arrears of Rs.17,200/=. Taking note of the same, Ext.P2 Order was passed by this Court dismissing the RPFC as infructuous. But, it was left open for the petitioner to apply before the Family Court to record the deposit and to allow him to contest the MC. Accordingly, the petitioner has alleged that he has filed Ext.P3 which is an Affidavit and Petition as Crl.M.P.No.1752/09. His complaint is that Ext.P3 has not been heard and disposed of and in the meantime, another CMP was filed to execute the ex parte order. It is accordingly that the petitioner is before us. 3. We called for a Report from the Family Court. The WPC.NO.2391 OF 2010 R 3 Family Court reported as follows: “The Crl.MP. is posted for counter to 01/02/2010. The MC itself can be disposed of if both parties appear, within two months from the date of receipt of direction from this Court.” 4. Accordingly, the Writ Petition is disposed of directing the Family Court, Malappuram to take up Ext.P3 and dispose of the same within a period of two months from the date of production of a copy of this Judgment before it. It is open to the petitioner to seek appropriate interim relief in respect of any execution proceedings taken out with reference to the ex parte order before the Family Court. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge