IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Crl.MC.No. 988 of 2008() ---------------------------------- MC.44/2005 of FAMILY COURT, KOTTARAKARA. .................... PETITIONER/RESPONDENT IN MC ------------------------------------------------ VAMADEVAN, SAJEEV MANDIRAM MISHANKUNNU, NILAMEL. BY ADV. MR.ALEXANDER GEORGE MR.DILIP MOHAN RESPONDENTS/STATE AND PETITIONER: ------------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. PADMINI, BIJU VILASAM, NILAMEL. R1 BY PUBLIC PROSECUTOR MR.GIKKU JACOB. R2 BY ADV. MR.P.B.SURESH KUMAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.988 of 2008 -------------------------- ORDER Under Annexure-I order dated 25.9.2006 in M.C. No.44/2005, pursuant to a settlement between the parties, petitioner was directed to pay a consolidated amount of Rs.3,25,000/- towards maintenance of the daughter Vindhya, including her marriage, educational and treatment expenses under Section 125 of Code of Criminal Procedure. Petitioner did not pay the amount. Second respondent, the mother and guardian of the minor daughter, was compelled to file C.M.P.No.200/2007 before the Family Court, for realisation of the amount. When petitioner appeared and did not pay the amount, on 29.6.2007, he was arrested and directed to undergo simple imprisonment for thirty days. After expiry of the period, petitioner did not pay the amount. Family Court, as per order dated 8.10.2007, got the petitioner arrested and he CRMC 988/08 2 was directed to undergo simple imprisonment for one month. After expiry of that period also, petitioner did not pay the amount and on 27.11.2007 Family Court passed an order to issue warrant under Section 421(b) of Code of Criminal Procedure to realise the amount by recourse to revenue recovery proceedings and C.M.P.No.200/2007 was dismissed. On finding that maintenance amount cannot be realised, second respondent filed an application to cancel that order on 12.12.2007. Learned Magistrate cancelled the order dated 27.11.2007 and issued non bailable warrant against the petitioner. This petition is filed under Section 482 of Code of Criminal Procedure to quash that order contending that the order cancelling the warrant issued under Section 421(b) of Code of Criminal Procedure and then issuing non bailable warrant without notice to the petitioner is illegal. 2. When this petition was admitted on 6.3.2008 and an order of stay was granted, petitioner was CRMC 988/08 3 directed to deposit Rs.50,000/-. It was admittedly deposited. Thereafter, petitioner did not pay any portion of the amount covered under Annexure-I order. Learned counsel appearing for the second respondent submitted that daughter is mentally ill and constant treatment is needed and settlement was arrived at considering all these facts and in such circumstances, there is no reason to interfere with the order, as petitioner purposely defaulted payment of maintenance amount. 3. On the facts and circumstances of the case, I do not find any reason to show further indulgence to the petitioner. But, as his submission is that if notice was received by him he would have paid some amount before the Family Court, petitioner is directed to deposit Rs.50,000/- before the Family Court within one month from today. If that amount is deposited, Family Court may consider the question whether some more time is to be granted to the petitioner for paying the balance amount. If CRMC 988/08 4 the petitioner fails to pay the amount, Family Court is competent to direct the petitioner to undergo simple imprisonment for thirty days. Petitioner is directed to appear before Family Court on 17.8.2009. It is made clear that Family Court need not issue further notice to the petitioner herein. If that amount or any amount is deposited, second respondent is entitled to withdraw the same. Petition is disposed. 10th July, 2009 (M.Sasidharan Nambiar, Judge) tkv