The court upheld the necessity for timely judicial orders to protect legal rights amidst ongoing statutory obligations.

JUDGMENT Devan Ramachandran, J.

The limited plea of the petitioner is that the learned Family Court, Irinjalakuda, be directed to issue him orders in IA Nos.2/2026 and 3/2026 in OP No.36/2026, within a time frame to be fixed by this Court.

2. Sri.Shajin S.Hameed – learned counsel for the petitioner, submitted that his client has now been put to great prejudice because, the copies of the orders above said have not yet been received by him, though he is facing a warrant of arrest and other consequences, including under the provisions of Order XXXVIII, Rule 1 of the Code of Civil Procedure (CPC).

3. Hearing the learned counsel for the petitioner as afore, we called for a report from the learned Family Court, which is now available.

4. The learned Family Court tells us that the copies of the orders in question will be issued to the petitioner not later than

25.02.2026.

5. Normally, the matter should have ended here; but we see that, even without the petitioner being able to challenge the orders, he is now facing a warrant of arrest, issued against him on 28.03.2026 after the learned Court forfeited his earlier bond on the ground that he did not surrender his passport - which is also stated to be a condition imposed in the orders, the copies of which are now sought for.

6. Smt.Sikha G. Nair – learned counsel for the respondents, submitted that the learned Family Court has acted well within its jurisdiction and competence because, the petitioner is refusing to comply with lawful orders; and that he is likely to leave India to avoid his statutory obligations, including payment of maintenance to his client.

7. We have no doubt that the rival interests of the parties will have to be lawfully protected, till such time as the petitioner obtains orders from the learned Family Court, as have now been sought for. This is more so, when the learned Court itself says that the orders will be ready only by 25.02.2026 or so.

8. In the afore circumstances, we allow this Original Petition, recording the report of the learned Family Court that the orders in question will be issued to the petitioner not later than 25.02.2026; with a consequential direction to it that the warrant of arrest issued against him be not executed until

04.03.2026.

9. We clarify that the above benefit is being offered to the petitioner on the basis of his undertaking, as made by his learned counsel -Sri.Shajin S.Hameed, that he will not travel out of India until he obtains permission from the learned Family Court; and that he will surrender his passport before it within three days from the date of receipt of a copy of this judgment.

We consequently further order that, on the passport being so surrendered and if the learned Family Court is to find in his favour in future, it can be released to him as per law, without having to obtain any further orders from this Court.

Sd/-