Vinodh Kumar v. Athira
Case brief
What is this about?
Petitioner challenged a non-bailable warrant issued for enforcement of a Family Court maintenance order. The High Court found no illegality in the warrant due to willful failure to pay arrears and dismissed the petition.
What did the court decide?
Original Petition dismissed; execution of warrant not stayed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 3RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 OP(CRL.) NO. 362 OF 2018
CMP 453/2016 IN M.C.71/2014 OF FAMILY COURT, NEDUMANGAD PETITIONER:
VINODH KUMAR S/O.B.K.SURENDRAN NAIR, VINCETHA VILASOM, CHARUMOODU,PUTHUKULANGARA.P.O, NEDUMANGAD,THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER ANILKUMAR, S/O.MADHAVAN NAIR,AGED 42 YEARS, AYANIVILAKOM, KAITHAKADU, ERANHIYAM, NEDUMANGAD TALUK.
BY ADV SRI.ANIL KUMAR M.SIVARAMAN
RESPONDENTS:
1 ATHIRA, D/O.BABY, ABHILASH BHAVAN, THOZHUKUMMEL,PANAVOOR.P.O,NEDUMANGAD.
2 ADITHYA D/O.ATHIRA, ABHILASH BHAVAN, THOZHUKUMMEL,PANAVOOR.P.O,NEDUMANGAD.
Issues for consideration
3 issues framed by the court
Whether the Family Court warrants are illegal and impropriety in issuing non-bailable warrant.
Whether the Original Petition to quash the CMP merits adjudication.
Whether there is merit in claiming to stay execution of warrant.
Parties & counsel
- petitioner
VINODH KUMAR S/O.B.K.SURENDRAN NAIR
- respondent
ATHIRA D/O.BABY
- respondent
ADITHYA D/O.ATHIRA
Coram
Case details
As recorded by the court registry
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