IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17721 of 2009(R) -------------------------- MC.130/2007 of FAMILY COURT, THIRUVALLA .................... PETITIONER: --------------- D.SATHYAN, AGED 43 YEARS, S/O.DAMODARAN, KADUVANOOR PUTHENVEEDU, KOODAL P.O, PATHANAMTHITTA DISTRICT. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT: --------------- SHALINI VISWAM, D/O.VISWAN, PALAMURIYIL HOUSE, ATTACHACKAL P.O, KONNI, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.17721 of 2009 ---------------------------------------- Dated this the 25th day of June 2009 J U D G M E N T BASANT,J This writ petition is filed by the petitioner who has suffered an order directing him to pay maintenance @ Rs.2,000/- per mensum to his wife and Rs.1,500/- per mensum to his minor child. That order was an ex parte order. The petitioner has come to this court to challenge the order. It was noted that no petition has been filed to set aside the ex parte order and granting the petitioner the option to approach the Family Court to set aside the ex parte order, the challenge against the ex parte order was rejected by order dated 30/7/2008. 2. It is submitted at the Bar that subsequently the application filed to set aside the ex parte order was dismissed by the Family Court also - of course on technical grounds, it is submitted. Now, the Family Court has taken steps for execution of the order. A total amount of Rs.42,000/- is payable, it is submitted. A warrant of arrest has been issued to procure the presence of the petitioner. W.P.C No.17721/09 2 3. According to the petitioner, the marital tie has been dissolved by a decree of court. Subsequently, the wife has remarried also. If that is his contention, he must move the Family Court under Section 127 Cr.P.C to vacate/modify the order directing payment of maintenance to his wife after the date of re-marriage. At any rate, he is liable to pay maintenance till the date of such alleged remarriage. 4. The petitioner prays that he may be permitted to approach the Family Court. If the warrant of arrest continues to remain in force, he shall not be able to approach the Family Court, it is contended. We find no merit whatsoever in the prayer. The petitioner was admittedly employed abroad though he contends that he has now returned from his place of employment abroad and is facing acute financial difficulty. 5. The petitioner must appear before the Family Court and pay the admitted amount. He must contend, if such a contention is available, before the Family Court that he is not liable to pay maintenance after the date of re-marriage of his wife. Needless to say, if such a plea is raised, the Family Court must consider the same before enforcing the order of payment of W.P.C No.17721/09 3 maintenance for such post re-marriage period. 6. With the above observations, this writ petition id dismissed. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.C No.17721/09 4 W.P.C No.17721/09 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009