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2024 Supreme(Online)(KER) 1008

HIGH COURT OF KERALA
SOPHY THOMAS, J
VARKEY PJ – Appellant
Versus
ELIZABETH – Respondent


Advocates:
ALIAS M.CHERIAN
K.M.RAPHY BRISTO S PARIYARAM AMEERA JOJO MINNU DARWIN

ORDER

The petitioners herein are respondent nos.1, 2, 3, 5, 7, 8 and 9 in MC No.1/2022 on the file of Judicial First Class Magistrate Court, Kothamangalam(Temporary) challenging the distress warrant issued against the 1st respondent.

2. The wife, filed MC No.1/2022 under the Domestic Violence Act and obtained Annexure A3 order dated 17.06.2023 for interim maintenance at the rate of Rs.5,000/-

per month, along with some other reliefs.

3. The petitioners filed Criminal Appeal No.271/2023 before the Sessions Court, Ernakulam challenging Annexure A3 order with a delay of seven days, and that petition is pending consideration of that Court. Meanwhile, the 1st respondent – wife proceeded for executing the interim order of maintenance awarded in Annexure A3 order, and distress warrant was issued against the husband. He is ready to pay the entire arrears of maintenance from the date of order, as ordered in Annexure A3. But the wife has claimed huge amount as arrears on a wrong calculation. Now his limited prayer is to permit him to remit the arrears of interim maintenance at the rate of Rs.5,000/- per month, from the date of order i.e. 17.06.2023.

4. In such circumstances, the learned Judici

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