IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH MAY 2007 / 4TH JYAISHTA 1929 Crl.MC.No. 1523 of 2007() ------------------------- MC.96/2005 of .................... PETITIONER: RESPONDENT: ----------------------- K. ABDUL KHADER, AGED 47 YEARS, S/O. V.P. ASSAINAR HAJI, NEAR V.H.C., P.O. UDUMPUMCHOLA, HOSDURG TALUK, KASARAGOD DIST. BY ADV. SRI.A.K.ABDUL AZEEZ SMT.M.R.JAYALATHA RESPONDENTS: PETITIONERS: ------------------------- 1. THAIVA, D/O.LATE HAJI ABDUL HASSAN, P.K. MANZIL, P.O. ELAMPACHI, THACHALAM, SOUTH THRIKARIPOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. ABDUTHAVAR, AGED 17 YEARS, S/O. K.ABDUL KHADER, P.K., MANZIL, -DO- -DO-. 3. SHAHARBAN, AGED 15 YEARS, S/O. K.ABDUL KHADER, -DO- -DO-. 4. MUHAMMAD AZAD, AGED 13 YEARS, S/O. K. ABDUL KHADER, -DO- -DO-. 5. JUMAILATHU, AGED 9 YEARS, S/O. K.ABDUL KHADER, -DO- -DO-. 6. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/05/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- CRL.M.C.NO. 1523 OF 2007 ------------------------------------------------- Dated this the 25th day of May, 2007 ORDER The petitioner has suffered an order directing him to pay maintenance under Sec.125 of the Cr.P.C. The Family Court by Annexure-A1 order directed the petitioner to pay maintenance to the claimants – his wife and children. Maintenance amount was not paid. Steps for execution were taken. By Anexure-A2 order the petitioner has been sentenced to undergo imprisonment for three months for non- payment of maintenance. 2. The petitioner has come to this Court claiming to be aggrieved by Annexure-A2 order. What is his grievance? There is no averment that the procedure followed is incorrect. There is no specific contention raised that necessary steps which should precede the issue of a non-bailable warrant of arrest and detention of the petitioner have not been followed. CRL.M.C.NO. 1523 OF 2007 -: 2 :- The short contention is that the order passed by the Family Court awarding maintenance is not just. Annexure-A1 order has become final and has not been challenged. In these circumstances, I find absolutely no merit in the challenge raised against Annexure-A2 order. 3. This Crl.M.C. is, in these circumstances, dismissed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge