IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 12786 of 2010(R) -------------------------- MC.277/2008 of FAMILY COURT, MALAPPURAM .................... PETITIONER: --------------- POOKKOYA THANGAL, S/O. PONMANICHINTEKATH KUNHIKKOYA, MOOCHIKKAL, NANNAMBRAM POST THEYYALINGAL MALAPPURAM DIST. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENTS: ---------------------- 1. MARIYAM, D/O. ODAKKAL ABDUL KADER MUSLIAR, CHUNDAYIL HOUSE, IRINGALLUR POST, MALAPPURAM DIST. 2. AHAMMED HUSSAIN, (MINOR) 3. HASNA (MINOR) 4. NASRI (MINOR) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 12786 of 2010 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2010 JUDGMENT Joseph, J. The petitioner has approached this court seeking the following reliefs: “i) issue a writ or order calling for the records leading upto the order dismissing Ext.P3 application and set aside the same. ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the Family Court, Malappauram to issue a copy of the order dt.11.3.2010 dismissing Ext.P3 application filed by the petitioner. iii) issue a writ or order staying the execution of the ex parte order dt. 2.6.2008 W.P.(C).No. 12786 of 2010 2 passed in M.C. 277 of 2008 on the file of the Family Court, Malappuram.” 2. Petitioner is the respondent in M.C.No. 277 of 2008 on the file of the Family Court, Malappuram. Maintenance is claimed. There is an ex parte order. The petitioner had approached this Court by filing W.P.(C) No.2391 of 2010, which was disposed of as per Ext.P5 judgment. Pursuant to the same, it is submitted that, the application filed by the petitioner has been dismissed. He intends to file proceedings before the competent court challenging the said order. In the mean time, he is facing with execution and a warrant is also issued against him. 3. In these circumstances the Writ Petition is disposed of directing the Family Court, Malappuram to keep in abeyance the order in M.C. 277 of 2008 for a period of one month, on condition that the petitioner will deposit a sum of Rs.15,000/- within a period of three W.P.(C).No. 12786 of 2010 3 weeks from today. In the meantime it is open to the petitioner to obtain the order rejecting Ext.P3 application and to take appropriate steps. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm