IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Con.Case(C).No. 1127 of 2009(S) ------------------------------- PETITIONER(S): --------------- GEETHA SHAJI, W/O. M.K.SHAJI, AGED 47 YEARS, 11TH CROSS, UDAYA NAGAR, AYYANTHOLE, THRISSUR. BY ADV. SMT.P.A.ANITHA RESPONDENT(S): 1ST RESPONDENT ----------------------------- M.K.SHAJI, ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK COURT - 11, KOTTAYAM (NOW AT RAILWAY TRIBUNAL, BANGLORE) BY ADV.SRI.K.I.MAYANKUTTY MATHAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------ C.O.C.No.1127 of 2009 ----------------------------------------------- Dated this the 27th day of January, 2010 O R D E R P.R.RAMAN, J. For recovery of the maintenance amount, the remedy open to the petitioner is to execute the same by approaching the Family Court, which the petitioner has already done. The non- payment of the amount cannot give rise to a cause for taking contempt as held in R.N.Dey & others v. Bhagyabati Pramanik & others {2000(4) SCC 400}. In case there is any delay in the matter of disposal of the application by the Family Court, it is open to the petitioner to approach this court invoking the extraordinary jurisdiction. Subject to the above observation, this Contempt of Court Case is dismissed. Sd/- (P.R.RAMAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE SK/- //true copy// P.S. to Judge.