IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Crl.MC.No. 4223 of 2008() ------------------------- MC.13/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER(S): RESPONDENT ------------------------- ALIKUTTY, AGED 30,S/O.KUNJIKAMMU, MALAPPARAMBIL VEEDU, OLAKKARA DISTRICT, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR SMT.ABHA SHYAMKUMAR SMT.T.SINDHU RESPONDENT(S): PETITIONER ------------------------- 1. RAMLATH, AGED 23, D/O.YUSAF, PUTHENPEEDIKAYIL VEEDU, PANGARAPPILLY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. SEBNA, D/O.RAMLATH, AGED 7,STUDENT, MINOR REPRESENTED BY THE MOTHER,IST RESPONDENT. 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, ADVOCATE GENERAL'S OFFICE, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.4223 of 2008 ---------------------------------------- Dated this the 6th day of November 2008 O R D E R The petitioner has a dispute with the first respondent. He had divorced her. A claim was pending before the learned J.F.C.M, Vadakkanchery as M.C.No.13/2007. O.P.No.71/2002 claiming amounts from the petitioner herein filed by the first respondent was pending before the Family Court. The respondent on behalf of her child, had staked claim for maintenance under Section 125 Cr.P.C and that was pending before the Family Court as M.C.No.25/2002. 2. O.P.No.71/2002 and M.C.No.25/2002 pending before the Family Court were referred to the Lok Adalath. Parties appear to have settled their disputes before Lok Adalath. O.P.No.71/02 and M.C.No.25/02 were settled. It was directed that maintenance must be paid to the child at the rate of Rs.250/- per mensum till the date of the award and thereafter at the rate of Rs.500/- per mensum . It was further agreed that an amount of Rs.1,75,000/- must be paid to the first respondent by the petitioner towards the amount claimed in O.P.No.71/02. It Crl.M.C.No.4223/08 2 was further stipulated that if the said amounts were paid, the first respondent shall settle M.C.No.13/07 pending before the learned J.F.C.M,Vadakkanchery. There was yet another stipulation regarding custody/visitorial rights of the petitioner in respect of his child. 3. The petitioner admittedly has not paid the amount of Rs.1,75,000/-. The first respondent is pressing the claim in M.C.No.13/07 before the learned J.F.C.M, Vadakkanchery. Trial in that case is proceeding. The first respondent simultaneously has taken steps to execute the award of the Lok Adalath. The petitioner has come to this court now with the prayer that further proceedings in M.C.No.13/07 may be stayed. 4. Has he paid an amount of Rs.1,75,000/-, in which event only it can be said that there is an agreement to settle M.C.No.13/07 pending before the learned J.F.C.M, Vadakkanchery? On what precise terms the settlement in M.C.No.13/07 must be effected after payment of the amount of Rs.1,75,000/- is not very clear from the terms of the award. 5. Be that as it may, the petitioner can claim that M.C.No.13/07 should not be proceeded with only if the amount Crl.M.C.No.4223/08 3 of Rs.1,75,000/- is paid by him. Before that, he has no right to claim that the first respondent must agree to settle the claim in M.C.No.13/07. 6. I find the prayer made in this Crl.M.C to be without merits and lacking any bona fides. I do also find the same to be mischievous too. The petitioner cannot claim discontinuance or protraction of M.C.No.13/07 without and before making the payment as directed by the award of the Lok Adalath. 7. This Crl.M.C is in these circumstances dismissed. The learned J.F.C.M,Vadakkanchery shall proceed with the disposal of M.C.No.13/07 as expeditiously as possible. 8. Communicate the order to the court below. (R.BASANT, JUDGE) jsr Crl.M.C.No.4223/08 4 Crl.M.C.No.4223/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008