IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17674 of 2007(S)
1. MATHOL ABDUL AZEEZ,
... Petitioner
Vs
1. PANGINIKKADAN SAFIYA,
... Respondent
2. SAMJAS 13 YEARS, S/O.SAFIYA (MINOR),
3. SAFNA, 9 YEARS, D/O.SAFIA (MINOR),
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :08/06/2007
O R D E R
KURIAN JOSEPH & T.R.RAMACHANDRAN NAIR, JJ.
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W.P.(C) No.17674 of 2007
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Dated 8th June, 2007.
J U D G M E N T
Kurian Joseph, J.
Petitioner is the respondent in M.C.509/2006 on the file of
the Family Court, Malappuram. The respondents are the petitioners in
the said case. In the nature of the view we propose to take in this
case, it is not necessary to issue notice to the respondents, since the
order in our view would otherwise safeguard their interests, and will
not cause any prejudice to them. Ext.P1 order was passed by the
Family Court granting maintenance to the respondents at the rate of
Rs.2,000/-, Rs.1,500/- and Rs.1,000/- respectively from the date of the
petition. The petitioner was set ex parte. It is submitted that on
coming to know of the ex parte order, he had filed Exts.P2 and P3
petitions before the Family Court for condonation of delay as well as
for setting aside the ex parte order. It is further submitted that during
the pendency of those petitions, coercive steps are taken for
implementing Ext.P1. Therefore, it is submitted that there may be a
direction to the Family Court to dispose of Exts.P2 and P3 applications,
before proceeding with the coercive steps for implementation of
Ext.P1.
2. After having heard the counsel for the petitioner, we
are of the view that since the application for setting aside the ex parte
WP(C) NO.17674/07 2
order is pending before the Family Court, it is only in the interests of
justice that the said application is duly considered and disposed of
before initiating coercive steps for the implementation of the order,
which is sought to be set aside, by putting the petitioner on terms.
Therefore, the writ petition is disposed of as follows :-
The petitioner will deposit an amount of Rs.10,000/-
towards interim maintenance within two weeks from today. On such
deposit, the Family Court shall take up for consideration, Exts.P2 and
P3 applications and dispose of the same in accordance with law. We
make it clear that the amount thus deposited shall be permitted to be
withdrawn by the respondents towards maintenance and the same
shall be duly adjusted towards the amount due to them. Needless to
say that the coercive steps initiated against the petitioner shall be
deferred till such time.
KURIAN JOSEPH, JUDGE.
T.R.RAMACHANDRAN NAIR, JUDGE.
tgs
KURIAN JOSEPH &
T.R.RAMACHANDRAN NAIR, JJ
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L.A.A. NO. OF 2004
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J U D G M E N T
Dated 8th June, 2007.