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Judgment
A. Badharudeen, J
This is an original petition filed under Article 227 of the Constitution of India by the petitioner, who is the respondent in M.C. No.73/2019 pending before the Family Court, Muvattupuzha. The prayers herein are as under:
i. Direct the 2nd respondent to keep in abeyance the revenue recovery proceedings pursuant to Exhibit P5 and P6 demand notices pending disposal of Exhibit P2 and P5 applications on the files of Family Court, Muvattupuzha.
ii. Direct the Family Court, Muvattupuzha to dispose off Exhibits P3 and P4 application expeditionary.
iii. Issue such other relief as this Hon'ble Court deem fit and proper in the facts and circumstances of the case.
Heard the learned counsel for the petitioner on admission.
Considering the prayers in this petition, as above, notice to the 2nd respondent is dispensed with. Learned Public Prosecutor appears for respondents 1 and 2.
It is submitted by the learned counsel for the petitioner that in M.C.No.73/2019 filed by the father against the petitioner, who is the respondent in the above M.C., seeking maintenance under Section 125 of the Code of Criminal Procedure, the petitioner was declared ex-parte since he did not contest the case. Accordingly, as per order dated 03.10.2019, the Family Court granted maintenance to the father at the rate of Rs.20,000/- from the date of the petition. The respondent raised no dispute as regards the ex-parte order till coercive steps were initiated to recover the amount.
Now, it is submitted that the petitioner filed Exts.P3 and P4 petitions to set aside the ex-parte order and also to condone the delay.
On verification, it is found that Ext.P3 is the copy of petition filed to set aside the ex-parte and Ext.P4 is another petition to recall the distress warrant. In this matter, now the recovery proceedings by issuing distress warrant is on the anvil.
Therefore, the learned counsel for the petitioner would submit that there shall be a direction to the Family Court to consider the petition filed to set aside the ex-parte after condoning the delay of 696 days and also stay the recovery proceedings.
Ext.P2 would go to show that it is an order passed ex-parte as on 03.10.2019, since the petitioner failed to contest the case. Ext.P3 would go to show that an application to set aside the ex-parte was filed on 25.11.2021. By the time, the execution proceedings reached on the verge of finality. It is at this juncture, the petitioner approached this Court.
Having considered the factual situation as appraised, I am inclined to direct the learned Family Court Judge, Muvattupuzha to pass orders in Ext.P3 application as expeditiously as possible, at any rate, within a period of 45 days from the date of production of copy of this judgment. In so far as the stay canvassed in relation to the proceedings initiated under Exts.P5 and P6 shall stand stayed, on condition that the petitioner shall deposit 40% of the arrears starting from the date of petition till this date, within a period of 30 days.
It is specifically ordered that if there is no deposit as directed, the proceedings shall go on to release the amount and this judgment will not stand in the way of proceeding further as per Exts.P5 and P6.
Accordingly, this O.P.(Crl). is disposed of.