IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Crl.MC.No. 3024 of 2010() ------------------------- MC.118/2008 of FAMILY COURT, KASARAGOD .................... PETITIONER: --------------- MANIKANDAN, AGED 34 YEARS, S/O.APPUTTY, RESIDING AT KOLAVAYAL, AJANUR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): STATE: --------------------- 1. PANKAJAKSHI, AGED 50 YEARS, D/O.MADHAVAN, RESIDING AT KAPPATHIKKAL, PULLUR VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT-671 315. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J ........................................... Crl.M.C. No.3024 of 2010 .............................................. Dated: 29th day of July, 2010 ORDER Petitioner who is the respondent in M.C. No. 118 of 2008 on the file of the Family Court, Kasaragod filed by the first respondent claiming maintenance under Section 125 Cr.P.C. seeks to recall the warrants against him and to keep all further proceedings in C.M.P. No. 414/2010 filed in the said M.C. in abeyance till the disposal of Annexure - 2 application filed by him for setting aside Annexure-I ex party order. 2. According to the petitioner, there was no marriage at all between him and the first respondent and the ex parte order was passed at a time when he was laid up with jaundice. This Crl.M.C. is disposed of directing the Family Court, Kasaragod to dispose of Annexure - II petition to set aside the ex Crl.M.C. No.3024 of 2010 -:2:- parte order expeditiously, and, at any rate, within three months of receipt of a copy of this order and that too after giving both sides an opportunity of being heard. All further proceedings in execution of the order in M.C. 118 of 2008 shall be kept in abeyance on condition that the petitioner deposits before the Family Court a sum of Rs. 5,000/- (Rupees five thousand only) within one month from today towards arrears of maintenance . Dated this the 29th day of July, 2010. V. RAMKUMAR, JUDGE ani/