High Court Kerala High Court

Sudarshanan Nair P.G vs Sandhya on 9 February, 2010

Kerala High Court
Sudarshanan Nair P.G vs Sandhya on 9 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 13 of 2010()


1. SUDARSHANAN NAIR P.G.,
                      ...  Petitioner

                        Vs



1. SANDHYA, D/O.VISWANATHAN,
                       ...       Respondent

2. HARITHA (MINOR),  -DO-

3. HAREESH (MINOR),  -DO-

                For Petitioner  :SRI.C.V.MANUVILSAN

                For Respondent  :SRI.JOHN JOSEPH(ROY)

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :09/02/2010

 O R D E R
                      V.K.MOHANAN, J.
                   -------------------------------
                     RPFC No.13 of 2010
                   -------------------------------
           Dated this the 9th day of February, 2010


                             ORDER

The revision petitioner is the husband of respondent No.1

and the father of respondents 2 and 3, the minor children born

out of the wedlock of them. In this revision petition he

challenges the order dated 4.12.2009 in Crl.M.P.460/2009,

which is an application filed by him for withdrawing the warrant

issued by the Family Court, Alappuzha upon an execution

petition that CMP No.5/2009 filed by the respondents herein.

2. The respondents herein approached the Family Court by

filing M.C.562/2005 for maintenance, which was allowed by

order dated 15.5.2007. As per the above order, the court below

granted maintenance @ Rs.750/- per month to respondents 1 and

2 and @ Rs.500/- to the third respondent and thus the petitioner

herein was ordered to pay a total sum of Rs.2,000/- as

maintenance to the claimants. As there was no payment the

claimants moved the Family Court by filing CMP 5/2009 for

execution of the order in the maintenance case. Consequently

warrant was issued against the revision petitioner and thus he

approached the Family Court by filing a Crl.M.P.460/09 to

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withdraw the warrant, in the execution petition filed by the

respondent.

3. Admittedly the petitioner has made certain payment out

of the total arrears due to the respondents.

4. I have heard learned counsel appearing for the petitioner

as well as the contesting respondents.

5. The learned counsel for the petitioner submitted that the

revision petition can be closed by permitting the revision

petitioner to pay the whole balance amount in equal monthly

installments @ Rs.5,000/-. The counsel for the respondent is also

agreeable to the said suggestion and prayer. In the impugned

order the Family Court has already observed that certain amount

has already been deposited by the petitioner. Apart from that

when this revision petition was admitted the petitioner was

directed to deposit a total sum of Rs.10,000/- out of the arrears

and also directed to deposit Rs.1,800/- per month towards the

future maintenance.

6. Having regard to the facts and circumstances mentioned

above and in the light of the submissions made by learned

counsel appearing for the contesting parties, I am of the view

that this revision petition can be disposed of. Accordingly, this

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revision petition is disposed of on the following terms.

a. The petitioner is directed to pay the arrears of

maintenance in equal monthly installments @ 5,000/- per month,

starting from the 1st of March, 2010.

b. While calculating the arrears the amount already paid

by him in the Family Court and also the deposit made by him as

per the order of this court dated 12.1.2010 in Crl.M.A.337/2010

shall be adjusted.

c. The respondents are free to withdraw the amount which

will be deposited by the petitioner as directed above.

d. The petitioner is directed to continue to deposit the

maintenance amount ordered by the trial court towards the

future maintenance.

e. The respondents are also free to withdraw such amount.

f. It is left open to the parties to resort permissible

statutory procedure, if any grievance still remain to be

redressed. With the above directions this revision petition is

disposed of.

V.K.Mohanan, Judge

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