IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 OP (FC).No. 784 of 2010() ------------------------- AGAINST THE ORDER IN EP 24 /2004 IN OP.567/2000 of FAMILY COURT,KOZHIKODE .................... PETITIONER ---------------------- IKKIRIMATH, AGED 38 YEARS, S/O.UMMERKUTTY, SAIVINTEKATTIL, MELADI, BEACH ROAD, PAYYOLI. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.S.SIDHAN RESPONDENT(S): --------------- HYRUNNISSA, AGED 34 YEARS, D/O.LATE AHAMMAD, KARATTUKADIYIL, VADAKARA, KURUNTHODI, MANIYOOR PANCHAYATH, PAYYOLLI. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ. ------------------------ O.P.(FC).No. 784 OF 2010 ------------------------ Dated this the 19h day of November, 2010 JUDGMENT Pius C.Kuriakose, J. The petitioner/husband, against whom a decree has been passed by the Family Court, Kozhikode in favour of the respondent wife for recovery of a sum of Rs.1,0,7000/- and is presently facing execution proceedings by arrest and detention, has filed this original petition seeking a direction to the Family Court to consider Ext.P2 application seeking time to pay the balance amount and to keep in abeyance operation of the arrest warrant which is already issued against him. 2. Sr.P.Sreekumar learned counsel for the petitioner submits, on the basis of Ext.P1 receipt, that out of the total amount of Rs.1,07,000/- the petitioner has already paid Rs.80,000/- and the balance is only Rs.27,000/-. The learned counsel submits further that the petitioner is prepared to O.P.(FC).No.784/2010 2 liquidate the entire decree debt , but wants only some time. 3. Having considered the submissions of Mr.Sreekumar, we feel that in the nature of the relief which is being given, the original petition itself can be disposed of, even without issuing notice to the respondent, issuing the following directions; 4. The learned Judge of the Family Court is directed to take up Ext.P2 immediately and dispose of the same in accordance with law at the earliest and at any rate within three weeks of receiving a copy of this judgment subject to the following condition; The petitioner shall pay a sum of Rs.17,000/- to the respondent either directly or through the advocate who appears for the respondent before the Family Court within ten days from today and produce receipt before the Family Court. 5. We make it clear that if payment is not made as above, the original petition will stand dismissed and the warrant, which is already issued ,will be executed immediately. O.P.(FC).No.784/2010 3 It is needless to mention that the warrant will be kept in abeyance for a period of 10 days from today and if it is revealed after 10 days that payment of Rs.17,000/- is made, the warrant will be kept in abeyance further till the final disposal of Ext.P2. PIUS C.KURIAKOSE,JUDGE K.SURENDRA MOHAN, JUDGE dpk