IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 6064 of 2010(R) ------------------------------------ MC.900/2007 of FAMILY COURT, MALAPPURAM .................... PETITIONER(S): --------------------- SIDDIQUE K.K., AGED 30 YEARS, S/O. SHAMSOO, SIDDIQUE HOUSE, THOTTAMKUNIPADAM, NALLALAM, KOZHIKODE DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): ------------------------- 1. SUBHAIRAT, D/O. MARAKKARKUTTY, AGED 30 YEARS, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT. 2. MOHAMMED IRSHAD, AGED 10 YEARS, (MINOR), S/O. SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT. 3. MOHAMMED IRFAD, AGED 7 YEARS, (MINOR), S/O. SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT. 4. IRFANA, AGED 5 YEARS, (MINOR), D/O. SIDDIQUE, KARALIKKADAN KALATHINGAL VEEDU, POONKUDY, UGRAPURAM, AREEKODU, MALAPPURAM DISTRICT. (MINOR PETITIONERS 2 TO 4 ARE REP.BY GUARDIAN MOTHER 1ST RESPONDENT AS IN THE COURT BELOW). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.6064 of 2010-R ---------------------------------------------- Dated, this the 24th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner is the respondent in MC.No.900 of 2007 on the file of the Family Court, Malappuram. The Ist respondent is the estranged wife of the petitioner. Respondents 2, 3 and 4 are the children of the petitioner and Ist respondent. There was an exparte order against the petitioner (Ext.P1). Petitioner challenged Ext.P1 order before this Court by filing RP (FC) No.447/2009. There was delay in filing the said petition. This Cort directed the petitioner to deposit Rs.35,000/-. Petitioner has deposited the said amount vide Ext.P3 receipt. This Court condoned the delay in filing the revision petition by Ext.P4 order. After condoning the delay, this Court relegated the petitioner to file application before the trial Court to set aside the exparte order. It was directed that the execution of the warrant shall be kept in abeyance till 15.1.2010 taking note of the fact that the petitioner has deposited Rs.35,000/-. According to the petitioner, petitioner has filed Ext.P6 application to set aside the exparte WPC 6064/2010 -2- order on 14.1.2010. In the meanwhile petitioner is facing warrant, it is submitted. Admittedly, there is a delay of 163 days in filing the application to set aside the exparte order. 2. We heard the learned counsel for the petitioner. In the nature of the order we propose to pass we do not think that we should issue notice to respondents 1 to 4. Learned counsel for the petitioner submits that an amount of Rs.75,000/- is due. 3. Having regard to the circumstances and taking note of the admitted deposit of Rs.35,000/- already made, we pass the following order:- The warrant against the petitioner will be kept in abeyance subject to the condition that the petitioner will deposit Rs.20,000/- (Rupees twenty thousand only) within a period of three weeks from today. Upon deposit of the amount by the petitioner, respondents are free to withdraw the same. The Family Court, Malappuram will take up Ext.P7 application filed by the petitioner, and, if the delay is WPC 6064/2010 -3- condoned, a decision will be taken on Ext.P6 application within a period of two months from the date of production of a copy of this judgment before it. Needless to say, if the petitioner does not deposit Rs.20,000/- as directed, the petitioner will lose the benefit of this judgment. The writ petition is disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS