IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35550 OF 2008(S) -------------------------- MC.253/2006 OF FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------- IBRAHIM K.T., S/O. KATHIRI HAJI, KALLOTTI THODI, KODANCHERY POST, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): ------------------------- 1. MAIMOONATH V., D/O. MAMMUNNI, VELUTHATHODI, AMBALATHUMPADI HOUSE, KIZHPARAMBA POST, AREAKODEM MALAPPURAM DISTRICT, PIN - 673 639. 2. AREEFO JABIN, D/O. MAIMOONATH, 3 1/2 YEARS (MINOR), REPRESENTED BY MOTHER MAIMOONATH V., DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 35550 OF 2008 = = = = = = = = = = = = = = = = DATED THIS, THE 2ND DAY OF DECEMBER, 2008. J U D G M E N T Raman, J. The limited prayer made in this writ petition is for a direction to the Family Court to consider and dispose of Ext.P3, an application filed to set aside the exparte order passed against the petitioner herein after condoning the delay in filing the same. Petitioner is a husband against whom maintenance is claimed. There is an exparte order and according to him, there was no notice served before he was declared exparte. Only when execution proceedings were taken that he came to know about the exparte order and immediately on return from abroad, he has filed an application for setting aside the exparte order. Since there was a delay, he has also filed an application for condonation of the same. But his grievance is that in the meantime, an arrest warrant is issued, in the execution proceedings, against him for maintenance awarded by the court below. The application for setting aside the exparte decree is posted to 15.12.2008 and the execution petition is posted to 16th. WP(C) 35550/2008 :2: 2. In the factual situation, it is not necessary to issue notice to the respondents. There will be a direction that in case the petitioner pays an amount of Rs. 10,000/- (Rupees ten thousand only) on or before 15.12.2008, execution of arrest warrant will stand stayed until consideration of Ext.P3. The writ petition is disposed of as above. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-