IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

WEDNESDAY, THE 30TH DAY OF MARCH 2016/10TH CHAITHRA, 1938

OP(Crl.).No. 127 of 2016 (Q)

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CMP NO.755/2013 AND 152/2015 IN MC. NO.85/2013 OF FAMILY COURT,
THALASSERY.
.....

PETITIONER(S):
------------------------

SHINTO JOSEPH, S/O. JOSEPH, AGED 30 YEARS,

ALUNKAL KAROTT HOUSE, P.O. KOLAKKAD,
KANICHAR AMSOM DESOM, KANNUR DISTRICT,
REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
MERCY JOSEPH @ NADUVATHANIYIL MARY.

BY ADVS. SRI.C.P.PEETHAMBARAN,
SMT.MINI.V.A.

RESPONDENT(S):
-------------------------

ALUNKAL KAROTT JOY @ JOSEPH,

S/O. THOMAS, AGED 62 YEARS,
ALUNKAL KAROTT HOUSE,
AMBAYATHODU, KOTTIYOOR AMSOM DESOM,
THALASSERY TALUK, KANNUR DISTRICT.

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION

ON 30-03-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
rs.
OP(Crl.).No. 127 of 2016 (Q)

APPENDIX

PETITIONER'S EXHIBITS:-

P1 : COPY OF THE ORDER DTD. 02.09.2013 IN MC NO.85/2013 OF FAMILY COURT,

THALASSERY.

P2 : COPY OF THE JUDGMENT DTD.19.03.2014 IN OP NO.595/2012 OF FAMILY

COURT, THALASSERY.

P3 : COPY OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONER

DTD.08.02.2016.

P4 : COPY OF CMP NO.109/2016 IN MC NO.85/2013 FILED BY THE PETITIONER

BEFORE THE FAMILY COURT, THALASSERY.

P5 : COPY OF CMP NO.110/2016 IN MC NO.85/2013 FILED BY THE PETITIONER

BEFORE THE FAMILY COURT, THALASSERY.

P6 : COPY OF CMP NO.103/2016 IN CMP NO.755/2013 IN MC NO.85/2013 FILED BY

THE PETITIONER BEFORE THE FAMILY COURT, THALASSERY.

P7 : COPY OF CMP NO.107/2016 IN CMP NO.152/2015 IN MC NO.85/2013 FILED BY

THE PETITIONER BEFORE THE FAMILY COURT, THALASSERY.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.
 P. UBAID, J.
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O.P.(Crl.)No.127 of 2016
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Dated this the 30th day of March, 2016

JUDGMENT

The petitioner herein is the respondent in M.C.No. 85/2013

of the Family Court, Thalassery. The court below passed ex-parte

order in the said maintenance claim against the petitioner herein

on 02.09.2013. The petitioner filed C.M.P.No.109/2016 in the

court below to set aside the ex-parte order. The said application,

along with some connected applications, is pending. By the time,

execution application came, and warrant of arrest happened to be

issued against the petitioner. At that juncture, he filed this

petition before this Court under Article 227 of the Constitution of

India for stay of proceedings till the application to set aside the

ex-parte order is disposed of. As required from this Court, the

learned trial Judge submitted a report dated 21.03.2016. This

report shows that hearing on all the petitions stands advanced to

20.04.2016, and the learned trial Judge is confident that all the

matters could be heard and disposed of within five months. The

said report is recorded, and accordingly, this Original Petition is

closed. However, coercive steps against the petitioner in

execution of the order in M.C.No.85/2013 will stand suspended, in

O.P.(Crl)No.127 of 2016 2

the interest of justice, for a period of five months, on condition

that 50% of the amount of maintenance due under the impugned

order till this date shall be deposited by him in the trial court

within a month.

Sd/-
P. UBAID, JUDGE

sd

// True Copy // P.A. to Judge