High Court Kerala High Court

Vijayan vs Sudha on 28 March, 2007

Kerala High Court
Vijayan vs Sudha on 28 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 8734 of 2006(M)


1. VIJAYAN, S/O.THAMPI,
                      ...  Petitioner

                        Vs



1. SUDHA, D/O.LEKSHMI,
                       ...       Respondent

2. VINEETHA, D/O.SUDHA,

3. VIPIN, S/O.SUDHAN,

                For Petitioner  :SRI.THIRUMALA P.K.MANI

                For Respondent  :SRI.BASANT BALAJI

The Hon'ble MR. Justice R.BASANT

 Dated :28/03/2007

 O R D E R
                                R.BASANT, J.

                             ----------------------

                         W.P.C.No.8734 of 2006

                       ----------------------------------------

                Dated this the 28th day of March  2007




                                JUDGMENT

The petitioner has suffered an order under Section 125

Cr.P.C to pay maintenance to his wife and children. The

claimants had filed applications for execution. The petitioner

entered appearance before the Family Court. He filed objections

raising objections against the proposed execution of the order.

The learned Judge of the Family Court reports that the

objections were not placed before the learned Judge. There was

no representation for the petitioner also. In these

circumstances, direction was issued to execute the order.

Warrants were issued against the petitioner. The learned Judge

of the Family Court submits that it was an omission not to

consider the objections raised.

2. During the pendency of this proceedings, an amount

of Rs.15,000/- has already been deposited and has been directed

to be released to the claimants. I am satisfied, in these

circumstances, that it will only be appropriate to direct the

learned Judge of the Family Court to consider the objections of

W.P.C.No.8734 of 2006 2

the petitioner against the proposed execution of the order under

Section 125 Cr.P.C and pass appropriate orders.

3. In the result, this writ petition is allowed. The learned

Judge of the Family Court shall dispose of Ext.P2 application

afresh after considering the objections raised in Ext.P3 and after

hearing both sides. The impugned direction is set aside.

4. This writ petition is allowed to the above extent.






                                                   (R.BASANT, JUDGE)

jsr


                                // True Copy//          PA to Judge


W.P.C.No.8734 of 2006    3


W.P.C.No.8734 of 2006    4


         R.BASANT, J





           C.R.R.P.No.





              ORDER





21ST DAY OF JULY 2006