IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13271 of 2009(R) -------------------------- MC.53/2006 of FAMILY COURT, NEDUMANGAD .................... PETITIONER/COUNTER PETITIONER: --------------------------------------- SREEKUMARAN NAIR, S/O. MADHAVAN PILLAI, SARASWATHY NIVAS, PANAVOOR, KOLLAYIL, ANAD, NEDUMANGAD TALUK. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENTS/PETITIONERS: -------------------------------- 1. SANTHI, D/O. SAROJINI AMMA, PUNNAMOOTTUVILAKATHU VEEDU, KARIYIL, KAZHAKKUTTOM P.O., THIRUVANANTHAPURAM. 2. AKHIL, AGED 8 YEARS, (MINOR0, RESIDING AT PUNNAMOOTTUVILAKATHU VEEDU, KARIYIL, KAZHAKKUTTOM P.O, THIRUVANANTHAPURAM. 3. SHILPA, AGED 4 YEARS,(MINOR), RESIDING AT PUNNAMOOTTUVILAKATHU VEEDU, KARIYIL, KAZHAKKUTTOM P.O., THIRUVANANTHAPURM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 13271 OF 2009 ============================ DATED THIS THE 22ND DAY OF MAY 2009 JUDGMENT Basant,J. The petitioner has suffered an order under Section 125 of the Code of Criminal Procedure obliging him to pay maintenance at the rate of Rs.750/-to his wife and Rs.500/- each for the two children per mensum . That was an ex parte order. Long later, the petitioner has filed an application to get the ex parte order set aside. That petition is accompanied by an application to condone the long delay exceeding 500 days in filing such application. In the meantime, the claimants – wife and children have applied to get the order executed. 2. Both matters are pending before the Family Court. The petitioner has come to this Court now with the prayer that proceedings in the execution petition may be stopped pending disposal of the application to set aside the ex parte order. 3. The marriage and the paternity are not disputed. As stated earlier, Rs.750/- for the wife and Rs.500/-each for the two children per mensum is the amount awarded. We are of the opinion that the WPC.13271/2009 2 petitioner must certainly deposit the entire amount due or at least a substantial portion of the amount due and then request the learned Judge of the Family Court for an expeditious disposal of the application to set aside the ex parte order. We have no reason to assume that the learned Judge of the Family Court shall not consider the said request in a fair, just and reasonable manner. We are not persuaded to agree that any specific direction need be issued in the matter exercising the powers under Article 227 of the Constitution of India. 4. This writ petition is accordingly disposed of. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC.13271/2009 3