VIJAYAN THAMPI Vs. SUDHA LEKSHMI

JUDGEMENT

(1.) The petitioner has suffered an order under Section 125 Cr.P.C to pay maintenance to his wife and children. The claimants had filed applications for execution. The petitioner entered appearance before the Family Court. He filed objections raising objections against the proposed execution of the order. The learned Judge of the Family Court reports that the objections were not placed before the learned Judge. There was no representation for the petitioner also. In these circumstances, direction was issued to execute the order. Warrants were issued against the petitioner. The learned Judge of the Family Court submits that it was an omission not to consider the objections raised.

(2.) During the pendency of this proceedings, an amount of Rs.15,000/- has already been deposited and has been directed to be released to the claimants. I am satisfied, in these circumstances, that it will only be appropriate to direct the learned Judge of the Family Court to consider the objections of the petitioner against the proposed execution of the order under Section 125 Cr.P.C and pass appropriate orders.

(3.) In the result, this writ petition is allowed. The learned Judge of the Family Court shall dispose of Ext.P2 application afresh after considering the objections raised in Ext.P3 and after hearing both sides. The impugned direction is set aside.