IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 14258 of 2007(V)
1. K. SUBRAMANIAN, S/O. KITTUNNI,
... Petitioner
Vs
1. PRADEEP, S/O. VASANTHA,
... Respondent
2. PRASEETHA, D/O. VASANTHA,
3. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.G.HARIHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :25/05/2007
O R D E R
R. BASANT, J.
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W.P.C.No. 14258 of 2007 V
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Dated this the 25th day of May, 2007
JUDGMENT
The petitioner has suffered an order under Section 125 Cr.P.C.
to pay maintenance to his children. Three petitions are pending
before the Family Court for recovery of amounts due to the
claimants/children. They are for the periods (1) 26.5.05 to 25.8.05,
(2) 26.8.05 to 25.10.05 and (3) 26.10.05 to 25.10.2006.
2. The petitioner has also filed a petition dt. 25.10.05 to cancel
the order of maintenance, allegedly on the twin grounds that the
petitioner has retired on superannuation and that his children have
attained majority. That petition has been filed under Section 127
Cr.P.C. and the same is pending now as M.C. 170 of 2006.
3. The short grievance raised by the petitioner in this Writ
Petition is that the learned Judge of the Family Court is not disposing
of M.C. 170 of 2006 and is proceeding to dispose of the execution
petitions before considering the application for cancellation.
4. Report of the learned Judge of the Family Court was
obtained. It is evident that the first two applications claiming
W.P.C.No. 14258 of 2007
2
execution of maintenance for the period 26.5.05 to 25.8.05 and 26.8.05 to
25.10.2005 can be disposed of now as the same has no relevance or bearing
to the application for cancellation/modification filed under Section 127
Cr.P.C. on 25.10.2005. I am satisfied that so far as the third petition is
concerned claiming maintenance for the period 26.10.05 to 25.10.2006, the
interests of justice demand that the same must be taken up for consideration
only after disposal of M.C. 170 of 2006. Direction to that effect can be
issued to the learned Judge of the Family Court.
5. This Writ Petition is allowed to the above extent. The
applications for execution of maintenance till 25.10.2005 can be disposed
of by the learned Judge straight away. But the application for execution of
maintenance for the period after 25.10.2005 shall be disposed of only after
M.C. 170 of 2006 filed on 25.10.2005 is disposed of by the learned Judge.
(R. BASANT)
Judge
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