Sreekumaran Nair vs Santhi on 22 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13271 of 2009(R)


1. SREEKUMARAN NAIR,
                      ...  Petitioner

                        Vs



1. SANTHI, D/O. SAROJINI AMMA,
                       ...       Respondent

2. AKHIL, AGED 8 YEARS, (MINOR0,

3. SHILPA, AGED 4 YEARS,(MINOR),

                For Petitioner  :SRI.M.R.SARIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :22/05/2009

 O R D E R
                   R.BASANT & M.C. HARI RANI,JJ

            ==============================

                      W.P.(C)NO. 13271 OF 2009

              ============================

            DATED THIS THE 22ND DAY OF MAY 2009

                               JUDGMENT

Basant,J.

The petitioner has suffered an order under Section 125 of the

Code of Criminal Procedure obliging him to pay maintenance at the

rate of Rs.750/-to his wife and Rs.500/- each for the two children per

mensum . That was an ex parte order. Long later, the petitioner has

filed an application to get the ex parte order set aside. That petition is

accompanied by an application to condone the long delay exceeding

500 days in filing such application. In the meantime, the claimants –

wife and children have applied to get the order executed.

2. Both matters are pending before the Family Court. The

petitioner has come to this Court now with the prayer that proceedings

in the execution petition may be stopped pending disposal of the

application to set aside the ex parte order.

3. The marriage and the paternity are not disputed. As stated

earlier, Rs.750/- for the wife and Rs.500/-each for the two children per

mensum is the amount awarded. We are of the opinion that the

WPC.13271/2009 2

petitioner must certainly deposit the entire amount due or at least a

substantial portion of the amount due and then request the learned

Judge of the Family Court for an expeditious disposal of the application

to set aside the ex parte order. We have no reason to assume that the

learned Judge of the Family Court shall not consider the said request

in a fair, just and reasonable manner. We are not persuaded to agree

that any specific direction need be issued in the matter exercising the

powers under Article 227 of the Constitution of India.

4. This writ petition is accordingly disposed of.

R. BASANT, JUDGE

M.C. HARI RANI,JUDGE

ks.

WPC.13271/2009    3