IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH APRIL 2011 / 9TH VAISAKHA 1933 CRL.MC.NO. 1255 OF 2011() ---------------------------------------- AGAINST THE ORDER IN CMP 500,501/2010 IN MC.304/2009 OF FAMILY COURT, MALAPPURAM .................... PETITIONER(S): RESPONDENT --------------------------------------------- KAYALVAKKATHU ABDULLA,S/O.KAYALVAKKATH MAYAMMA & PATHUNNI,THAVANOOR P.O.,PONNANI, KUTTIPPURAM,MALAPPURAM,NOW WORKING ABROAD,REP.BY HIS WIFE SULAIKHA,W/O.ABDULLA,KAYALVAKKATHU HOUSE, THAVANOOR P.O.,PONNANI,KUTTIPPURAM,MALAPPURAM, AS POWER OF ATTORNEY HOLDER. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): PETITIONER & STATE --------------------------------------------------------- 1. CHEMBAKASSERRY PATHUNNI, D/O.KUNJIMARAKKAR, THAVANOOR P.O., PONNANI, KUTTIPPURAM, MALAPPURAM, PIN 676 505. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031. BY PUBLIC PROSECUTOR SHRI K.J. MOAHMMED ANZAR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON 29/04/2011 PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1255 of 2011 ==================================== Dated this the 29th day of April, 2011 O R D E R Petitioner suffered an ex parte order in M.C. No.304 of 2009 of Family Court, Malappuram for payment of maintenance. The Family Court was later pleased to set aside that ex parte order as per Annexure-A1, order dated July 14, 2010 subject to the condition that petitioner deposited entire arrears of maintenance accrued due as per the order in M.C. No.304 of 2009 on or before 30.07.2010 failing which petition to set aside the ex parte order in M.C. No.304 of 2009 was to stand dismissed. In this proceeding petitioner seeks further time for deposit of maintenance arrears. Learned counsel submitted that petitioner has to deposit 60% of past maintenance for re-opening the decree in O.P. No.272 of 2009 as well and hence petitioner may be granted some time to deposit the amount payable in M.C. No.304 of 2009. Having regard to the circumstances stated I am inclined to grant time to the petitioner to deposit the entire arrears of maintenance. Resultantly, Criminal Miscellaneous Case is disposed of CRL.M.C. No.1255 of 2011 -: 2 :- granting petitioner time till 10.06.2011 to deposit the entire arrears of maintenance accrued due in M.C. No.304 of 2009 (as directed in Annexure-A1, order). THOMAS P. JOSEPH, JUDGE. vsv