IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6807 of 2008(S) ------------------------- AGAINST THE ORDER MC.536/2006 of FAMILY COURT, PALAKKAD .................... PETITIONER: ------------ SUDHEER, AGED 35 YEARS, S/O.SREEDHARA PANICKER @ SREEDHARA KURUPPU SUDINA KALARIKKAL HOUSE, PULLUTE DESOM, PULLUTE VILLAGE, PULLUTE NORTH, KODUNGALLOR TALUK THRISSUR DISTRICT. BY ADV. SRI.K.P.BALAGOPAL RESPONDENT: ------------- VALSALA, AGED 29 YEARS, D/O.SETHUMADHAVA PANICKER, KALARIKKAL, UMMANAZHI P.O., PULAPATTA, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 6807 OF 2008 ---------------------------------------------------------------- Dated this the 28th day of February, 2008 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: "Issue a direction to the Family Court, Palakkad to dispose of C.M.P. No.2442/2007 in Maintenance Case No.536/2006 as early as possible and to keep Ext.P4 execution petition, i.e. C.M.P. No.38/2008 in abeyance till disposal of C.M.P. No.2442/2007." 2. The Registry has reported that when the petition was posted on 14.2.2008, the petitioner was absent and hence the same is posted to 7.3.2008 for enquiry. Notice of execution has also been served on the petitioner with hearing date as 1.3.2008. It is fairly clear that the petitioner is not co-operating with the court. Be that as it may, there will be a direction to the Family Court, Palakkad to dispose of C.M.P. No.2442 of 2007 within a month from today and till such time, coercive steps in execution shall be deferred. It is made clear that the execution proceedings may go on, but the prohibition is only with regard to coercive steps. W.P.(C)NO.6807/2008 2 The Writ Petition is disposed of as above. The petitioner will submit a copy of this judgment along with a copy of the Writ Petition before the Family Court, Palakkad immediately and also serve a copy each to the respondent. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.6807/2008 3 KURAIN JOSEPH & HAURN-UL-RASHID, J.J W.P.(C)NO.6807/2008 JUDGMENT 28TH FEBRUARY, 2008