IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 33152 of 2009(R) -------------------------- CMP.179/2008 of FAMILY COURT, ALAPPUZHA .................... PETITIONER(S): --------------- OMANAKUTTAN, AGED 36 YEARS, S/O. CHELLAPPAN PILLAI, PUTHENMANNEL VEEDU, VALIYAZHEEKKAL.P.O, ALAPPUZHA. BY ADV. SRI.A.R.ARSHAD KHAN RESPONDENT(S): --------------- 1. ANARKKALY, D/O. ANIRUDHAN, PAZHAYA PURAKKAD, KAROOR, AMBALAPUZHA, AMBALAPUZHA DISTRICT. 2. AAKASH, S/O. ANARKKALY (MINOR), REPRESENTED BY ANARKKALY - DO- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.33152 of 2009 ---------------------------------------- Dated this the 18th day of November 2009 J U D G M E N T Basant,J The petitioner has suffered an order under Section 125 Cr.P.C obliging him to pay maintenance to his wife and minor child at the rate of Rs.600/- and Rs.400/- per mensum . The order has become final. There is no challenge against that order pending now. The arrears has mounted to an amount exceeding Rs.40,000/- admittedly. The slow law has caught up finally and it is now submitted that a warrant of arrest has been issued to procure the presence of the petitioner in execution of the order passed under Section 125 Cr.P.C. At this juncture, the petitioner has come rushing to this court with a prayer that the warrant issued against him may be stayed and he may be granted time to make the payment. 2. To say the least, we do not find any merit in the prayer made in this writ petition. The amount ordered is meager - Rs.600/- and Rs.400/- per mensum to the wife and minor child. Evidently, the amount has not been paid for a long period of time W.P.C No.33152/09 2 and that explains how the arrears has now mounted to an amount exceeding Rs.40,000/-. The petitioner must liquidate the arrears. 3. We are not persuaded to agree that any directions in favour of the petitioner deserves to be issued. The option available to the petitioner is to go before the court below, deposit a substantial portion of the amount and seek the indulgence of the court for time to pay the balance amount. If a substantial amount is paid, we find no reason to assume that the learned Judge of the Family Court will not grant the petitioner reasonable breathing time to pay the balance amount. 4. This petition is, in these circumstances, dismissed with the above observations. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.33152/09 3 W.P.C No.33152/09 4 W.P.C No.33152/09 5 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009