IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Crl.MC.No. 524 of 2010() ------------------------ CMP.NO.1555 OF 2009 IN MC.428/2009 of FAMILY COURT,MALAPPURAM .................... PETITIONER(S): RESPONDENT: ----------------------------------------------- N.BALAKRISHNAN, AGED 60 YEARS, KANNATH HOUSE, THADATHIPARAMBU, MANCHERI P.O., MALAPPURAM DISTRICT. BY ADV. MR.BIJU BALAKRISHNAN RESPONDENT(S): PETITIONER: ----------------------------------------------- 1. K.SATHYABHAMA, PUTHEN VEEDU, NEAR TO OLD PANCHAYAT OFFICE, THIRUVALAI AMSOM, THIRUVALI P.O., NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. COCHIN - 31. R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.524 OF 2010 ------------------------------------------ Dated 15th February 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings pending before Family court, Malappuram in C.M.P.1555/2009. Annexure-4 is the copy of C.M.P.1555/2009 which shows that consequent to the enhancement of maintenance at the rate of Rs.1,500/- per month by Annexure-3 order dated 13/7/2009, first respondent sought realisation of Rs.9,000/- being the arrears of maintenance from 11/5/2009, the date of filing of that petition to 10/11/2009. Petitioner filed C.M.P.1490/2009 to set aside the ex-parte order passed by Family court. As those applications were 2 dismissed, R.P.F.C.1/2010 was filed before this court. By Annexure-5 order dated 5/1/2010, interim stay of Annexure-3 order was passed on deposit of entire arrears due. According to the petitioner Rs.12,000/- was deposited on 13/1/2010, evidenced by Annexure-6 receipt and still distress warrant is pending and therefore, the said proceedings are sought to be quashed. 2. When Annexure-5 order is subsisting, Family court cannot proceed with Annexure-4 petition. I do not believe that Family court will proceed by issuing warrant subsequent to Annexure-5 order when there is an order for stay. But on that ground the proceedings cannot be quashed as sought for. It is made clear that so long 3 as Annexure-5 order of stay is subsisting, Family court not to execute the order challenged in R.P.F.C.1/2010. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.