The Court declined to rule on the merits of the case, leaving future proceedings open based on the Family Court's decisions.

Devan Ramachandran , J.

Hearing the learned counsel for the petitioner – Sri.Biju Abraham, we called for a report from the learned Family Court; which says that no order pursuant to Ext.P7 has been issued, either on 06.12.2025 or thereafter. We must record that this was the specific submission of Sri.Biju Abraham at the Bar; but we, on account of the factum of such not being normally possible, refused to believe him; but it now has come out that he was right.

2. The order impugned before this Court is Ext.P7.

3. As per Ext.P7, the learned Family Court had offered the petitioner time till 06.12.2025 to clear the arrears of maintenance; and in the event of failure, notified him that his defence will be struck off.

4. This is why we were under the impression that there would have been an order on 06.12.2025 or even thereafter; but since the learned Family Court says otherwise, the stand taken by the petitioner is accurate.

5. It is ineluctable in such circumstances that, any action before this Court would be necessary only if the learned Family Court decides the matter pursuant to Ext.P7, leading to a final order.

6. Going by the report of the learned Family Court, the defence of the petitioner has not been struck off and even the directions in Ext.P7 are still open.

7. In the afore circumstances, we close this Original Petition, leaving full liberty to the petitioner to move the learned Family Court appropriately.

We clarify that we have not entered into the merits of any of the contention and all of them are left open.

Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE stu APPENDIX OF OP (FC) NO. 125 OF 2026 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMON JUDGMENT IN O.P.NO.444/2012 DATED 21-05-2015 OF THE FAMILY COURT IRINJALAKKUDA Exhibit P2 A TRUE COPY OF THE ORIGINAL PETITION FILED AS O.P. NO.813/2020 DATED 03-11-2020 FOR DIVORCE ON THE FILES OF FAMILY COURT, IRINJALAKKUDA Exhibit P3 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN AS RESPONDENT IN O.P. NO. 813/2020 DATED 31-10-2023, ON THE FILES OF FAMILY COURT, IRINJALAKKUDA Exhibit P4 A TRUE COPY OF THE ORDER IN RP(FC)