The petitioner is the respondent in M.C. 93/2013 of Family Court, Thrissur. By Annexure A2 Order, the Family Court directed him to pay maintenance to his wife and two children at different rates. It was an exparte order. Now, the petitioner has filed Annexure A3 application to set aside the exparte order and Annexure A4 petition to stay the execution of the order to pay maintenance. The prayer in this Criminal M.C. is to direct the Family Court to consider Annexures A3 and A4 petitions as early as possible and to set aside the execution of the order to pay maintenance.
2. Heard the learned counsel for the petitioner.
3. Normally when an application is filed to set aside the exparte order, the court is bound to consider it. No direction from this Court is necessary. The application is Crl.M.C. No. 3524/2014 -2-
seen to have been filed only in January 2014. The learned Family Court may try to dispose it of at the earliest. But the prayer of the petitioner to stay the execution of the order to pay maintenance cannot be allowed.
In the result, this Criminal M.C. is allowed in part. The Family Court is directed to dispose of the application, filed by the petitioner to set aside the exparte order in M.C. 93/2013, as early as possible.
Sd/-
K. ABRAHAM MATHEW, JUDGE //True Copy// P.A. to Judge jjj