This original petition is filed by the petitioner, who is the respondent in CMP.No.53/2014 in MC.No.101/2012 pending before the Family Court, Vadakara to quash Ext.P2 petition under Section 482 of the Code of Criminal Procedure. 2. It is alleged in the petition that the guardian who filed Ext.P2 petition before the court below is the petitioner's former wife and while their marriage was subsisting, the respondent minor child was born to them. After sometime, their relationship strained and the mother of the respondent filed MC.No.101/2012 before the Family Court, Vadakara claiming maintenance for her and her minor child and that was decreed and maintenance was awarded to the ex-wife of the petitioner and the minor child. After disposal of that case, due to intervention of mediators and relatives, the matter has been settled and Ext.P1 agreement was entered into between the former wife of the petitioner and the petitioner in which she had stated that she will not execute the order in MC.No.101/2012 and received amount in full and final settlement of her claims including maintenance awarded to the child as per the above proceedings. But, now she herself as guardian, filed Ext.P2 petition for execution of the order, which is not proper and the petitioner received Ext.P2(a) summons from the Family Court and he entered appearance. In view of Ext.P1, the petitioner in that case is not entitled to maintain Ext.P2 petition. So he has no other remedy except to approach this Court seeking the following reliefs:
i. Direct the Family Court, Vatakara to drop the proceedings on Ext.P2 as it is complied with as per the terms of Ext.P1 agreement and on payments already made and endorsed on it.
ii. Declare that, the decree passed in MC.No.101/2012 on the file of Family Court is satisfied as agreed in Ext.P1.
iii. Issue such other order or direction which this Hon'ble Court may deem fit to pass in the circumstances of the case.
3. On going through the allegations and the reliefs claimed, this Court felt that it is premature stage for entertaining the application before this Court as petitioner can raise his contention before the Family Court where Ext.P2 is pending and that Family Court can consider and pass appropriate orders after considering the objections. So considering this aspect, this Court feels that the original petition can be disposed of as follows:
The petitioner is directed to file objection either on 5.6.2013 on which date the case is now posted before the Family Court or within a week thereafter and if objection is filed, then the Family Court is directed to consider and pass appropriate orders on that objection regarding maintainability of Ext.P2 petition in accordance with law, as early as possible, at any rate, within one month from the date of filing of the objection.
With the above observations and directions, this original petition is disposed of.
Office is directed to communicate this order to the Family Court, Vadakara immediately.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge