OP(CRL.) NO. 425 OF 2024 1 2025:KER:26842 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 OP(CRL.) NO. 425 OF 2024 AGAINST THE ORDER DATED 29.01.2024 IN CMP NO.312/2023 IN MC NO.2 OF 2022 OF FAMILY COURT, THALASSERY PETITIONER/RESPONDENT/RESPONDENT: SIVADASAN , AGED 45 YEARS S/O. ARUKKUTTY, KUTTI NIVAS, NELLANCHERY, PANAGATTIRY.P.O, CHITTOOR TALUK, PALAKKAD DIST, PIN- 678 506. REP. BY BROTHER, POWER OF ATTORNEY HOLDER JANARDHANAN. A. S/O. AARUKUTTI, AGED 48 YEARS, KUTTI NIVAS, NELLANCHERY, PANAGATTIRY.P.O, CHITTOOR TALUK, PALAKKAD DIST, PIN - 678506 BY ADV CIBI THOMAS RESPONDENTS/PETITIONERS AND DISTRICT COLLECTOR AND VILLAGE OFFICER/ PETITIONERS AND DISTRICT COLLECTOR AND VILLAGE/ PETITIONERS AND DISTRICT COLLECTOR AND VILLAGE OFFICER OFFICER: 1 SITHARA, AGED 33 YEARS D/O. SATHANANTHA, NANDANAM, OP(CRL.) NO. 425 OF 2024 2 2025:KER:26842 KIZHUNNA, THOTTADA.P.O, KANNUR DIST., PIN - 670007 2 SREEHARI SIVADAS (MINOR) AGED 12 YEARS S/O. SIVADASAN, NANDANAM, KIZHUNNA, THOTTADA.P.O, KANNUR DIST. PIN – 670007. REP. BY MOTHER, SITHARA, W/O. SIVADAS, AGED 33 YEARS,NANDANAM, KIZHUNNA, THOTTADA.P.O, KANNUR DIST, PIN - 670007 3 SREERAM SIVADAS (MINOR) AGED 11 YEARS S/O. SIVADASAN, NANDANAM, KIZHUNNA, THOTTADA.P.O, KANNUR DIST. PIN – 670007. REP. BY MOTHER, SITHARA, W/O. SIVADAS, AGED 33 YEARS,NANDANAM, KIZHUNNA, THOTTADA.P.O, KANNUR DIST., PIN - 670007 4 THE DISTRICT COLLECTOR, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD DIST PIN, PIN - 678013 5 THE VILLAGE OFFICER, ELAVENCHERRY VILLAGE, PANAGATTARI.P.O, CHITTOOR TALUK, PALAKKAD DIST, PIN - 678506 BY ADVS. ATUL SOHAN R.REJI (ATTINGAL)(K/1471/2003) SREEJA SOHAN K.(K/001271/2001) K.V.SOHAN(K/475/1981) THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CRL.) NO. 425 OF 2024 3 2025:KER:26842 J U D G M E N T Exhibit P4 distress warrant issued by the Family Court, Thalassery is under challenge in this original petition. 2. The learned counsel for the petitioner reported that there is no instructions. The petitioner is absent. I have heard the learned counsel for the respondents. 3. The petitioner is the husband of the 1st respondent and the father of respondents 2 and 3. The Family Court, as per the order in M.C.No.2 of 2022, directed the petitioner to pay a monthly maintenance of Rs.10,000/- to the 1st respondent and Rs.7,000/- each to respondents 2 and 3. Since the petitioner failed to comply with the said order, an execution petition has been filed for the realization of total maintenance arrears of Rs.5,04,000/- as CMP No.312 of 2023. The Family Court issued Ext.P4 distress warrant. Aggrieved by the same, the petitioner has approached this Court. 4. This Court granted an interim stay on the condition OP(CRL.) NO. 425 OF 2024 4 2025:KER:26842 that the petitioner shall pay a sum of Rs.2,00,000/-. The said amount has been paid. Thereafter, there was a further direction to deposit an additional sum of Rs.2,00,000/-, but the said direction was not complied with. Hence, the stay order was vacated. 5. I have called for a report from the Family Court. It is reported that steps have been taken to execute the distress warrant and it is pending before the revenue authorities. Since the petitioner has not complied with the directions of this Court and is not present before this Court today, the Original Petition stands dismissed. The Family Court is directed to enforce the distress warrant without any delay. Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS OP(CRL.) NO. 425 OF 2024 5 2025:KER:26842 APPENDIX OF OP(CRL.) 425/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CMP NO. 312/2023 DATED 09.10.2023 BEFORE THE FAMILY COURT THALASSERY EXHIBIT P2 TRUE COPY OF THE IA.NO. 401/2024 DATED 15.05.2024 FILED BY THE PETITIONER TO CONDONE THE DELAY EXHIBIT P3 TRUE COPY OF IA.NO. 402/2024 DATED 15.05.2024 FILED TO SET ASIDE THE EX PARTE ORDER EXHIBIT P4 TRUE COPY OF THE WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY DISTRESS AND SALE DATED 29.01.2024 ISSUED TO THE DISTRICT COLLECTOR