IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 8311 of 2009(R) ------------------------- M.C..109/2007 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- VENUKUTTAN, S/O.KOCHUNARAYANAN ACHARI LEKSHMI BHAVAN,MEKKATTU MURI, PANMANA VILLAGE KARUNAGAPPALLY TALUK. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): --------------- 1. BEENA, D/O. SARALA DEVI MUNDAKKAL VEEDU, KALLELIBHAGOM VILLAGE KARUNAGAPPALLY TALUK. 2. LEKSHMI (MINOR) REP. BY BEENA, MOTHER & NATURAL GUADIAN DO..DO... 3. MAHADEVAN (MINOR) REP. BY BEEN, MOTHER NATURAL GUARDIAN DO..DO.. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.03.2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.8311 OF 2009 ------------------------------- Dated this the 16th March, 2009 J U D G M E N T Raman, J. The limited prayer made in the writ petition is for a direction to the Family Court to dispose of Ext.P3, application for setting aside the ex parte order, passed against him by Ext.P2 on Ext.P1 application. Admittedly there is a delay and he has moved a petition for condonation of delay as well. Therefore, he prays that the delay petition as well as Ext.P3 be disposed of expeditiously. It is his grievance that pursuant to ex parte order passed for maintenance against him, the respondents are proceeding to execute the order and an order of arrest against him is passed. To avert the arrest, he paid an amount of Rs.21,000/= in all. According to him, unless Ext.P3 is disposed of finally and if in the mean time, Ext.P2 is executed in full, it will render the whole exercise infructuous. W.P.(C) No.8311 of 2009 2 2. Heard. In the factual situation, we are not issuing notice to the respondents, for the limited purpose of disposal of this Writ petition. 3. Having due regard to the facts and circumstances of the case, there will be a direction that in case the petitioner deposits an amount of Rs.5000/=, further proceedings in execution of the order in Ext.P2 will be stayed for a period of one month, within which time Ext.P3 and delay petition shall be disposed of by the Family Court. 4. Petitioner may produce a copy of this judgment before the Family Court, for enabling the Family Court to comply with this order. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.