Compliance with interim maintenance payments is crucial to obtaining a stay on execution; courts must act within the legal framework without bias from interim orders.

JUDGMENT

This Original Petition is filed with the following prayers:

a) To set aside Order dated 13.06.2023 in CMP No.51/22 in MC No.44/2022 passed by the Family Court, Kottayam at Ettumanoor b) Modify the interim maintenance order passed by the Family Court, Kottayam at Ettumanoor in CMP No.51/22 in MC No.44/2022 in accordance with the earning capacity of the petitioner.

c) To direct, the court below to reconsider the petition afresh, and alter or modify the order in accordance with law and justice, after due diligence facts and circumstance.

d) Allow this Original Petition( Criminal) with cost.

2. The petitioner is challenging the interim maintenance order passed by the Family Court as per Ext.P1.

3. When this Original Petition came up for consideration on

21.08.2023, this Court passed the following order:

‘Heard. Admit.

Issue notice to respondents by registered post as well as by serving copy of this petition to the counsel appearing for the respondents before the Family Court and file memo within seven days.

In the meanwhile, all further proceedings pursuant to Order dated 13/06/2023 in CMP.No.51/2022 in MC.No.44/2022 of Family Court, Kottayam at Ettumanoor shall stand stayed on condition that the petitioner shall deposit arrears of maintenance at the rate of Rs.3,500/- (Rupees Three Thousand Five Hundred Only) to the 1st respondent and Rs.3,000/- (Rupees Three Thousand Only) to the 2nd respondent herein from the date of the petition within three weeks from today and continue such payment till the disposal of the MC.

It is made clear that, if the amount as directed is not deposited or paid, there shall be no stay in execution of the impugned order and the Family Court is at liberty to execute the order, treating that there is no stay.

Post on 25/09/2023.'

4. Today, when the matter came up for consideration, both sides submitted that the interim order is complied. If that is the case, this Original Petition need not be retained. Therefore, there can be a direction to the Family Court, Kottayam to dispose of the main case itself. Till then, the interim order can continue. I also make it clear that while deciding the main case, the Family Court shall not be carried away by the interim order passed by this Court.

Therefore, this Original Petition is disposed with the following directions:

(i) The interim order dated 21.08.2023 is made absolute.

(ii) The Family Court, Kottayam is directed to dispose M.C.No.44/2022 as expeditiously as possible.

(iii) The Family Court will decide M.C.No.44/2022 untramelled by any observation in the interim order dated 21.08.2023.