IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14721 of 2009(R) -------------------------- MC.223/2004 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- ABDUL RAHMAN, S/O. MUHAMMED, THOTTATHIKUDY, KOTTAPPADY, KOTHAMANGALAM. BY ADV. SRI.A.MUHAMMED HASHIM RESPONDENT(S): --------------- 1. NABEESA, W/O. ABDUL RAHMAN, KANJIRAKKADAN HOUSE, PANIPRA P.O., KOTHAMANGALAM. 2. THAJMAL, S/O. ABDUL RAHMAN, KANJIRAKKADAN HOUSE, PANIPRA P.O., KOTHAMANGALAM. 3. THAMJEEDA, D/O. ABDUL RAHMAN, KANJIRAKKADAN HOUSE, PANIPRA P.O., KOTHAMANGALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.14721 OF 2009 ----------------------------------------------------- DATED THIS THE 28th DAY OF MAY, 2009 J U D G M E N T Basant, J. The petitioner has suffered an order under Section 125 of Cr.P.C. obliging him to pay maintenance at the rate of Rs.750/- each per mensem to the respondents-his wife and two minor children. That order was passed as early as on 20.3.2006. It was an ex parte order, it is submitted. The petitioner did not pay the amounts and the arrears has now mounted to more than a lakh of rupees. The petitioner has now filed an application to set aside the ex parte order along with an affidavit to condone the long delay. That application is pending. In the mean time, active steps are afoot to execute the ex parte order. The petitioner, at this juncture, has rushed to this Court, with a prayer that until the application to set aside the ex parte order is considered and decided, the execution proceedings may be kept in abeyance. 2. We have heard the learned counsel for the petitioner. We find absolutely no merit in the prayer. Admittedly, the wife W.P.(C)No.14721/09 -2- and children are here and the petitioner has not been available at his native place. According to him, he was at Mumbai, searching for employment abroad. We find absolutely no reason to issue any direction under Article 227 of the Constitution of India. The mere filing of an application to set aside the ex parte order does not in any way justify the prayer for stay of the execution proceedings. The petitioner can, of course, make substantial payments and request the learned Judge to consider his application to set aside the ex parte order expeditiously. The application to set aside the ex parte order is posted to 10.6.2009, submits the learned counsel. 3. We need only mention that the learned Judge must make every endeavour to dispose of the application to set aside the ex parte order as expeditiously as possible. If substantial payments are made and the petitioner makes a request for further time to make the payment, the learned Judge of the Family Court must consider such request and pass appropriate orders on merits. At any rate, we are not satisfied that any direction need be issued at this stage by this Court, before the W.P.(C)No.14721/09 -3- learned Judge of the Family Court considers such request and passes appropriate orders. This Writ Petition is, in these circumstances, dismissed with the above direction. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn