IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 7855 of 2010(R) ------------------------- MC.249/2007 of FAMILY COURT, PALAKKAD .................... PETITIONER(S): --------------- K.K.MOHAMMED KASIM,S/O.KHADER, AGED 54 KOOLAMANZIL, KUNNIPURAM, OLD LAKKIDI, AKALOOR PO, OTTAPALAM, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ------------------------- BEEPATHUMMA,D/O.MOITHEENKUTTY, NEELIKAD, MUSTAFA LANE,KALLEKULANGARA,PALAKKAD. ADV. SRI.RAJESH SIVARAMANKUTTY FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.7855 OF 2010 R PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE ORDER ON MC.249/2007 OF THE FAMILY COURT, PALAKKAD. EXT.P2TRUE COPY OF THE TALAK. EXT.P3TRUE COPY OF THE LAWYER NOTICE. EXT.P4TRUE COPY OF THE POSTAL ACKNOWLEDGMENTS. EXT.P5TRUE COPY OF MC.402/2009. EXT.P6TRUE COPY OF CMP 1725/08 IN MC.249/07. EXT.P7TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER TO EXT.P6 APPLICATION. EXT.P8TRUE COPY OF THE ORDER IN CMP.NO.1725/2009 IN MC.NO.249/2007 OF THE FAMILY COURT, PALAKKAD. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 7855 OF 2010 R --------------------------------------------------- Dated this the 22nd March, 2010 JUDGMENT K.M. Joseph, J. Petitioner challenges Ext.P8. Case of the petitioner, in brief, is as follows: The marriage between the petitioner and respondent took place on 14.02.1982. They lived together as husband and wife. There is an Application for maintenance under Section 125 Cr.P.C. by the respondent. Maintenance was fixed at Rs.1,600/=per month . Ext.P1 is the consent order. According to the petitioner, he divorced the respondent by pronouncing Talak. He submits that payments were made till 10.10.2008. After pronouncing Talak, petitioner filed M.C.No.402/2009 (Ext.P5) as provided under Section 127(3)(6) of Cr.P.C. to cancel Ext.P1 order. Respondent filed CMP. No. 1725/09 in WPC.NO.7855/2010 R 2 M.C.No.249/2007 to recover arrears of maintenance since 4.10.2008, the date on which the petitioner pronounced Talak. Petitioner filed Counter. It is without considering Ext.P7 that in Ext.P8 distress warrant was issued against the petitioner. 2. We heard the learned counsel for the petitioner and also the learned counsel appearing on behalf of the respondent. Learned counsel for the respondent would submit that actually there was no Talak in accordance with law which may help the petitioner to get rid of the obligation under Ext.P1. It is submitted that no decision has been taken on Ext.P5. It is stated that it is posted for the Counter of the respondent. 3. Having regard to the facts, the Writ Petition is disposed of as follows: We record the submission of the learned counsel for the respondent that the respondent will file Counter to Ext.P5 within one week from today. There will be a direction to the Family Court, Palakkad to take up Ext.P5, hear the parties and after WPC.NO.7855/2010 R 3 considering the materials produced before it, take a decision in accordance with law within a period of six weeks from the date on which the respondent files Counter. Till such time as a decision is taken, the distress warrant issued to the petitioner will be kept in abeyance. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge