AI Structured Summary
Not yet generated for this judgment
Judgment
A. Muhamed Mustaque, J
The petitioner was set ex-parte in MC No. 604 of 2019 on the file of the Family Court, Thrissur. The petitioner intends to file an application to set aside the ex-parte order. In the meanwhile, the respondents laid proceedings to execute the order in MC No.604 of 2019 awarding maintenance. In that, an arrest warrant has been issued. Challenging the order of arrest warrant, the petitioner approached this Court.
Taking note of the nature of relief sought for, we are of the view that the original petition can be disposed of dispensing notice to the respondents as follows:
i. The petitioner shall move the Family Court to set aside the ex-parte order within a period of one week from the date of receipt of a copy of this judgment.
ii. Thereafter, the Family Court shall dispose of the application within a further period of six weeks after issuing notice to the respondents.
iii. Till the disposal of the application as above, coercive action against the petitioner shall be deferred.
iv. In the meanwhile, the Family Court also shall refer the parties for mediation.
v. The petitioner is directed to produce a copy of this judgment before the Family Court, and also serve copy on the learned counsel appearing for the respondents, before the Family Court in MP No. 1263 of 2021 in MC No. 604 of 2019.