IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Crl.MC.No. 3739 of 2006() ------------------------- AGAINST THE ORDER DATED 01/09/2006 IN CMP. 1091 /2006 IN MC.117/2005 of FAMILY COURT, KASARAGODE. .................... PETITIONER(S): PETITIONER/RESPONDENT: ------------------------------------------------------------------- P.M.KRISHNAKUMAR, S/O. P.BALAKRISHNA MARAR, AGED 44 YEARS, RESIDING AT PUTHEN VEEDU, P.O.PAPPINISSERY WEST, KANNUR DISTRICT. BY ADV. SMT.K.K.CHANDRALEKHA RESPONDENT(S): RESPONDENTS/PETITIONERS: --------------------------------------------------------------------------- 1. K.V.USHA, AGED 33 YEARS, D/O. K.V.KARTHIYANI, RESIDING AT ACHIKKULANGARA, P.O.PEELIKODE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. K.V.VISWANATHAN, AGED 12 YEARS 3. K.V.VISHNU, AGED 8 YEARS, (PETITIONER 2 AND 3 ARE MINORS REP. BY THEIR MOTHER AND GUARDIAN, 1ST PETITIONER). 4. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO R3 BY ADV.MR.T.K.VIPINDAS R4 BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/07/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.3739 OF 2006 =========================== Dated this the 3rd day of July,2009 ORDER Petitioner is the respondent in M.C.117/2005 on the file of Family Court, Kasaragod. He filed Cr.M.P.1091/2006 to set aside the ex parte order for maintenance passed under section 125 of Code of Criminal Procedure. Under Annexure C order the petition was allowed on payment of Rs.23,000/- for the maintenance of the children which he had agreed, for the period 6.8.2004 to 6.7.2006 though the quantum was not admitted. This petition is filed challenging the order. 2. It is admitted by both the petitioner and the respondents that Rs.23,000/- as directed in the impugned order was subsequently deposited. Hence there is no need to interfere with the order. 3. As the amount is now deposited, the ex parte order is set aside. Family Court, Kasaragod is directed to dispose the M.C without further delay. If not already withdrawn, respondents are entitled to withdraw the amount deposited by the petitioner. M.SASIDHARAN NAMBIAR JUDGE tpl/- 2 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006