IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP (FC).No. 5 of 2011(R)
1. HARIKUMAR,S/O.JAGADAMMA,
... Petitioner
Vs
1. C.S.PRABHA,D/O.SIVAN PILLAI,
... Respondent
2. ATHUL HARI,S/O.HARIKUMAR,AGED 2 YEARS
3. STATE OF KERALA,
For Petitioner :SMT.K.A.ANGEL TREENA
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :10/01/2011
O R D E R
K.M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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O.P.(FC).No. 5 of 2011 R
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Dated this the 10th day of January, 2011
JUDGMENT
Joseph, J.
The prayer in the Original Petition is for a direction to the
Family Court, Thiruvalla to grant the petitioner reasonable time
to pay the amount due under Ext.P1. By Ext.P1 the Family
Court, Thiruvalla passed orders in M.C.No. 85 of 2009, directing
the petitioner to pay an amount of Rs.800/- p.m. to the first
respondent and Rs.700/-p.m. to the second respondent as
maintenance from the date of the petition. The petitioner is
facing financial difficulties. He prays that the warrant of arrest
issued for non-compliance with Ext.P1 may be kept in abeyance.
2. This Court has pass an order on 3.1.2011 staying the
execution of the warrant of arrest till 7.1.2011 subject to the
O.P.(FC).No. 5 of 2011
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condition that the petitioner will deposit the entire amount due as per
Ext.P1 before the court below on or before 6.1.2011.
3. Today when the matter came up, learned counsel for the
petitioner submits that the petitioner has been able to raise
Rs.14,000/- He seeks a week’s time for raising the entire amount. In
such circumstances we direct that the warrant issued pursuant to Ext.P1
against the petitioner shall be kept in abeyance till 18.1.2011. This is
to enable the petitioner to pay off the entire amount. Needless to say, if
the petitioner does not pay the amount as aforesaid, the proceedings
can continue against the petitioner.
4. The Original Petition is accordingly disposed of.
(K.M. JOSEPH)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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