IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 782 of 2009(S) ------------------------ AGAINST THE ORDER DATED 07/08/2008 IN IA 1111/2008 IN OP.685/2007 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): --------------- SUDHEENDRAN, S/O. NEELAKANDAN, AGED 74 YEARS, DONAVILLA, GOKUL NAGAR, NALLEPELLY, PALAKKAD, NOW RESIDING AT M S NIVAS, KOTTIYAM, KOLLAM BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): --------------- RATHI, D/O. KRISHNAN, AGED 54 YEARS, DONAVILLA, GOKUL NAGAR, NALLEPELLY, PALAKKAD. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(C) NO. 782 OF 2009 --------------------------------------------------------- Dated this the 8th day of January, 2009 JUDGMENT Raman J. This Writ Petition is filed for a direction to the Family Court, Palakkad to issue copy of the order dated 24.11.2008 in I.A. No.2365 of 2008 in O.P. No. 685 of 2007 on its file and not to proceed with the execution of the order in I.A. No. 1111 of 2008 till then. 2. The petitioner had preferred O.P. No.685 of 2007seeking a declaration that the respondent therein is not his legally wedded wife. While so, the respondent herein preferred an interim application for maintenance. As the petitioner did not file objection on two occasions, the court below ordered to pay maintenance as per Ext.P1 order. Though the petitioner had preferred an earlier Writ Petition, he withdrew the same with liberty to file a review petition. Accordingly I.A. No.2365 of 2008 was filed which was, however, dismissed by the court below, but did not issue carbon copy of the order. It is contended that in the meantime the W.P.(C)NO. 782/2009 2 respondent is proceeding to execute the order in I.A. No.1111 of 2008 and that the Family Court has observed that if the amount is not paid, the pleadings of the petitioner will be struck off. Hence, this Writ Petition. 3. In the facts and circumstances of the case and after considering the averments in the Writ Petition, we direct the Family Court, Palakkad to issue copy of the order in I.A. No.2365 of 2008 as expeditiously as possible, at any rate within a period of two weeks from today and till then not to proceed with the execution of the order in I.A. No. 1111 of 2008. In the light of the limited relief we have granted as above, we find that it is not necessary to issue notice to the respondent. The Writ Petition is disposed of as above. (P.R. RAMAN) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 782/2009 3 P.R. RAMAN & C.T. RAVIKUMAR, JJ. W.P.(C)NO.782/2009 JUDGMENT 8th January, 2009 W.P.(C)NO. 782/2009 4