JUDGMENT

Dated this the 05th day of January, 2022.

This petition is filed under Article 227 of the Constitution of India seeking for the following reliefs;

“a) To direct the Family Court, Mavelikara to dispose of Exhibit P3 & P4 petitions in a time frame as deem fit by this Hon’ble Court in the interest of justice.

b) To stay all further proceedings pursuant to CMP 94/2019 in MC No.129/2015 of the Family Court, Mavelikara till the disposal Exhibit P3 & P4 restoration and delay petition pending in MC 129/2015 in the interest of justice.

c) Grant such other relief deemed fit to this Hon’ble court.”

2. It is averred by the petitioner that he is the respondent in M.C No.129/2015, pending on the files of Family Court , Mavelikara (for short, ‘the court below’). M.C was filed by the respondent in the petition on hand claiming monthly maintenance allowance under Section 125(1) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’).

3. For the sake of clarity, the parties to this petition are referred to hereinafter as petitioners 1 and 2 and respondent in accordance with their status in the M.C.

4. The respondent was served with notice in the M.C, but being abroad at the relevant time failed to appear and was declared exparte. The court below was constrained in the context to pass an order in the M.C without any contest by the respondent and he was directed to pay monthly maintenance allowance at the rate of Rs.4,000/- each to the wife and the minor child. The respondent had preferred applications as Exts. P3 and P4 before the court below seeking to condone the delay occurred in filing an application to set aside the exparte order and to get the exparte order passed against him set aside. But, those applications were not considered by the court below and orders passed therein. Therefore, direction is sought to be issued to the court below to consider Exts.P3 and P4 and to pass appropriate orders therein within a time frame.

5. A report was called for from the court below in the matter. It is reported by the court that despite posting of the case severally, the respondent did not turn up. According to the judicial officer, though several applications have been preferred by the petitioner seeking to execute the order passed in the M.C and Non Bailable Warrant was issued by the court, the respondent being abroad, nothing materialised. The learned counsel for the respondent has produced photocopies of two receipts wherefrom it is revealed that Rs.35,000/- and Rs.15,000/- were deposited before the court below towards arrears of monthly maintenance allowance on two occasions. Therefore, Rs.50,000/- is the total sum paid by him. However, the CMPs are reported by the officer concerned as posted to 08.02.2022, for consideration. In the above circumstances, a direction to dispose of Exts.P3 and P4 is totally unwarranted.

6. However, it is submitted by the learned counsel that a direction if not issued to the court below to refrain from executing the Warrant already issued, he would be arrested and detained.

The 1st petitioner is a lady aged 27 years and the 2nd petitioner is a minor child aged 4 years at the relevant time of filing of the M.C. The order directing payment of monthly maintenance allowance was passed on 02.06.2017. Admittedly, Rs.50,000/- is paid towards the monthly maintenance allowance stands ordered by the court below. The context being so, the respondent/husband is directed to deposit Rs.50,000/- before the court below on or before 08.02.2022. in the event of deposit of the amount as directed above, the court below shall not proceed to execute the Non Bailable Warrant pending execution against the respondent. The court below shall also take all endeavors to dispose of Exts.P3 and P4 on

08.02.2022 itself.

Sd/-

MARY JOSEPH JUDGE

JJ

APPENDIX OF OP(CRL.) 503/2021 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER PASSED IN M.C.NO.129/2015 DATED

02/06/2017 BY THE FAMILY COURT, MAVELIKARA.

Exhibit P2 TRUE COPY OF THE CMP NO.94/2017 FIL