MOHANAN Vs. SHYLAJA REENA

JUDGEMENT

(1.) The petitioner herein is the husband of the 1st respondent and father of the 2nd respondent minor child. When the petitioner neglected the respondents and failed to maintain them, they approached the Judicial Magistrate of 1st Class-I, Kollam and filed a petition under Section 12(1) of the Protection of Women from Domestic Violence Act , 2005.

(2.) Though notice was served to the petitioner he did not care to enter appearance and contest the matter. An ex-parte order was passed against him directing him to pay maintenance of Rs.3,000/- per mensem to the 1st respondent and Rs.2,000/- per mensem to the 2nd respondent. It appears that he has now preferred an appeal challenging the order along with a petition seeking condonation of delay of 986 days. The grievance is that no orders have been passed in the application seeking condonation of delay. However, execution proceedings have been initiated for realising the maintenance due.

(3.) In this petition the prayer is to stay the proceedings in execution in C.M.P.No.3298 of 2015 in C.M.P.No.10973 of 2013 till the appeal and stay petition are disposed of.