The High Court dismissed an OP (CRL.) filed by a husband challenging an order issuing a non-bailable warrant for non-payment of maintenance. The court held that enforcement proceedings for a final and conclusive maintenance order cannot be interfered with.
The OP(CRL.) with number 38 of 2021 has been dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 OP(CRL.) NO. 38 OF 2021
AGAINST THE ORDER/JUDGMENT IN MC 176/2013 OF FAMILY COURT, OTTAPPALAM, PALAKKAD
PETITIONER/RESPONDENT:
ABDUL MUIZZE A K AGED 38 YEARS S/O.A.K.HASSAN BAVA, 48/894, NAVANEETHAM HOUSE, KARUKAPPALLI JUNCTION, DESHABHIMANI ROAD, ELAMAKKARA P.O., ERNAKULAM DISTRICT-682 017.
BY ADV T.U.SUJITH KUMAR
RESPONDENTS/PETITIONERS:
1 SAIFUNNISA AGED 30 YEARS W/O.ABDUL MUIZZE.A.K., THYVALAPPIL HOUSE, VAZHAMPURAM, KARAKURISSI P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN-678 595.
2 SALSABEEL (MINOR), AGED 7 YEARS
D/O.SAIFUNNISA, THYVALAPPIL HOUSE, VAZHAMPURAM, KARAKURISSI P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN-678 595 (RESPONDENT 2 IS A MINOR, REPRESENTED BY HER MOTHER 1ST RESPONDENT SAIFUNNISA).
BY ADVS.
SRI.K.S.FRIJO SRI.S.HIRUSHEEKESAN SRI.SOLOMAN BABY
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(CRL.) NO. 38 OF 2021
JUDGMENT
It is against the Ext.P3 order issuing non-bailable warrant against the petitioner for non-payment of maintenance amount due to the wife and child the husband came up. The maintenance order admittedly became final and conclusive. Then the proceedings initiated for enforcement by issuing a non-bailable warrant, cannot be interfered. Hence, the OP(Crl)is dismissed.
Sd/-
P.SOMARAJAN
JUDGE
SPV
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OP(CRL.) NO. 38 OF 2021
APPENDIX OF OP(CRL.) 38/2021
PETITIONER’S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE CMP NO.645/2016 IN MC NO.176/2013 OF THE FAMILY COURT, OTTAPALAM.
EXHIBIT P2 A TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER IN CMP NO.645/2016 IN MC NO.176/2013 OF THE FAMILY COURT, OTTAPALAM.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 13.03.2020 OF THE FAMILY COURT OTTAPALAM IN CMP NO.645/2016 IN MC NO.176/2013.
EXHIBIT P4 A TRUE COPY OF THE MC NO.104/2020 OF THE FAMILY COURT, OTTAPALAM.
RESPONDENTS’ EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether a zero-bail filing can be relegated against the petitioner.
ABDUL MUIZZE A K
SAIFUNNISA
SALSABEEL (MINOR)
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
