Ramachandran Nair, J.
We heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. The petitioner herein is aggrieved by Ext.P6 order, whereby he is directed to deposit Rs.32,500/- for recalling the warrant issued in CMP(Ex).No.70/2014. The respondent is the father of the petitioner who has filed the Maintenance Case under Section 125 of the Criminal Procedure Code before the Family Court which has been numbered as M.C.No.27/2013. The petitioner is the younger son of the respondent. It is stated that it was originally pending before the Family Court, Malappuram from where it was transferred to the Family Court, Tirur and then it was renumbered as M.C.No.27/2013. As per the averments in paragraph 2, the petitioner had no notice with respect to the transfer. On 2.12.2013 he was set ex parte and the maintenance O.P.(FC)No.242/2014 2 petition was partly allowed as per Ext.P1 order.
2. According to the learned counsel for the petitioner, immediately a petition was filed as C.M.P.No.48/2014 to set aside the ex parte order along with C.M.P.No.47/2014 to condone the delay of 17 days before the Family Court. Exts.P2 and P3 are the copies of the petitions. In the meanwhile, execution was sought by the respondent. It was posted to 21.03.2014 for appearance of the petitioner. It is stated that even though the counsel for the petitioner was present and sought time to file counter, warrant was ordered and thereafter he filed a petition as per Ext.P5 to recall the warrant on which Ext.P6 order has been passed.
3. The learned counsel for the petitioner vehemently submitted that the order issuing warrant is not justified and the further direction to deposit the amount is also not sustainable going by the facts of the case. It is submitted that he has got a arguable case on the merits also.
4. The learned counsel for the respondent submitted that in spite of taking steps in execution, no amount has been deposited and the petition is dated 14.1.2013 and the amount directed to be deposited O.P.(FC)No.242/2014 3 will only form part of the total amount due as on the date of the order.
We find from Ext.P6 order that the Family Court was of the view that the reason stated that the petitioner was unaware of the transfer of the case is not correct. It is also stated that Non-bailable warrant has been issued against him. The total amount claimed in the CMP is Rs. 65,000/- and therefore Rs. 32,500/- has been ordered to be deposited. Ext.P6 is purely a discretionary order. It is a case where the Family Court has only imposed certain condition for recalling the warrant, which cannot be said to be unjustifiable going by the facts of the case. We find no reason to interfere with Ext.P6 order.
Accordingly, the original petition is dismissed. We grant time upto 31.10.2014 for the petitioner to deposit the amount. On such deposit being made, the applications filed, namely Exts.P2 and P3 will also be considered after recalling the warrant issued against him. No costs.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.