High Court Kerala High Court

Biju Kuriakose @ Ummachan vs State Of Kerala on 30 September, 2009

Kerala High Court
Biju Kuriakose @ Ummachan vs State Of Kerala on 30 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3114 of 2009()


1. BIJU KURIAKOSE @ UMMACHAN,S/O.CHACKO
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,REPRESENTED BY THE
                       ...       Respondent

2. MAYA PHILIP,W/O.BIJU KURIAKOSE,

3. NEHA,AGED 8 YEARS,REPRESENTED BY HER

4. ABEL,AGED 7 YEARS,REPRESENTED BY HER

5. PHILIP,AGED 4 YEARS,REPRESENTED BY HER

                For Petitioner  :SRI.VIJAI MATHEWS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :30/09/2009

 O R D E R
             M.Sasidharan Nambiar, J.
            --------------------------
              Crl.M.C.No.3114 of 2009
            --------------------------

                       ORDER

As per order in M.C.No.249/2006, petitioner was

directed to pay a maintenance of Rs.500/- each to

respondents 2 to 5 from 22.12.2006, less the

interim maintenance already paid, apart from a cost

of Rs.500/-. When petitioner failed to pay the

maintenance amount, second respondent filed C.M.P.

No.563/2009 before Family Court, Ettumanoor, under

Section 128 of Code of Criminal Procedure. Annexure

-II notice was issued to the petitioner to pay

Rs.14,000/-, which is the arrears of maintenance.

This petition is filed under Section 482 of Code of

Criminal Procedure to stay the warrant issued

against the petitioner for realisation of arrears

of maintenance.

2. Learned counsel appearing for the petitioner

was heard.

CRMC 3114/09 2

3. Learned counsel appearing for the petitioner

submitted that petitioner is prepared to pay the

entire arrears of maintenance within three weeks.

If petitioner pays to respondents 2 to 5 or

deposits Rs.5,000/- within ten days from today and

undertakes to pay the entire balance within three

weeks from today, Family Court, Kottayam is

directed not to execute the warrant for three

weeks.

Petition is disposed.

30th September, 2009 (M.Sasidharan Nambiar, Judge)
tkv