IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 8734 of 2006(M)
1. VIJAYAN, S/O.THAMPI,
... Petitioner
Vs
1. SUDHA, D/O.LEKSHMI,
... Respondent
2. VINEETHA, D/O.SUDHA,
3. VIPIN, S/O.SUDHAN,
For Petitioner :SRI.THIRUMALA P.K.MANI
For Respondent :SRI.BASANT BALAJI
The Hon'ble MR. Justice R.BASANT
Dated :28/03/2007
O R D E R
R.BASANT, J.
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W.P.C.No.8734 of 2006
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Dated this the 28th day of March 2007
JUDGMENT
The petitioner has suffered an order under Section 125
Cr.P.C to pay maintenance to his wife and children. The
claimants had filed applications for execution. The petitioner
entered appearance before the Family Court. He filed objections
raising objections against the proposed execution of the order.
The learned Judge of the Family Court reports that the
objections were not placed before the learned Judge. There was
no representation for the petitioner also. In these
circumstances, direction was issued to execute the order.
Warrants were issued against the petitioner. The learned Judge
of the Family Court submits that it was an omission not to
consider the objections raised.
2. During the pendency of this proceedings, an amount
of Rs.15,000/- has already been deposited and has been directed
to be released to the claimants. I am satisfied, in these
circumstances, that it will only be appropriate to direct the
learned Judge of the Family Court to consider the objections of
W.P.C.No.8734 of 2006 2
the petitioner against the proposed execution of the order under
Section 125 Cr.P.C and pass appropriate orders.
3. In the result, this writ petition is allowed. The learned
Judge of the Family Court shall dispose of Ext.P2 application
afresh after considering the objections raised in Ext.P3 and after
hearing both sides. The impugned direction is set aside.
4. This writ petition is allowed to the above extent.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
W.P.C.No.8734 of 2006 3
W.P.C.No.8734 of 2006 4
R.BASANT, J
C.R.R.P.No.
ORDER
21ST DAY OF JULY 2006