IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22020 of 2009(R) -------------------------- MC.209/2007 of FAMILY COURT, KASARAGOD .................... PETITIONER : --------------- GOPALAKRISHNA, S/O.BABU SHETTY, RESIDING AT NELLIGUDE MANE, ARAMPODY VILLAGE, OKKADY POST, BELTHANGADI TALUK, DAKSHINA KANNADA DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SMT.VIJAYASREE, D/O.B.MAHABALA ALVA, RESIDING AT DHARAMANAGAR, VORKADY VILLAGE AND POST KASARAGOD TALUK AND DISTRICT. 3. KRISHNAPRASAD ALVA, S/O.GOPALAKRISHNA AND VIJAYASREE, RESIDING AT DHARMANAGAR, VORKADY VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.22020 OF 2009 ----------------------------------------------------- DATED THIS THE 6th DAY OF AUGUST, 2009 J U D G M E N T Basant, J. The petitioner has suffered an order under Section 125 of Cr.P.C. He has been directed to pay an amount of Rs.2,000/- per mensem to his wife and Rs.750/- per mensem to the child. The amount due to the child will itself exceed Rs.13,500/- now. An application has been filed for execution of the order and recovery of amount due for a certain period. The petitioner has not appeared and the learned Judge of the Family Court has now issued non-bailable warrant to secure the presence of the petitioner. The petitioner has not entered appearance. According to the petitioner, no warrant is liable to be issued against him. 2. The petitioner must appear before the learned Judge and raise all his contentions. Needless to say, an order sentencing the petitioner to imprisonment under Section 125(3) Cr.P.C. can be passed in accordance with law only if the W.P.(C)No.22020/09 -2- petitioner is heard on the contentions which he wants to raise. We are not persuaded to agree that any directions need be issued in this Writ Petition now. The petitioner must appear before the learned Judge of the Family Court and raise whatever contentions that he wants to raise under Section 125(3) of Cr.P.C. The learned Judge must consider such contentions before any order sentencing the petitioner is passed under Section 125(3) of Cr.P.C. 3. With the above observations, this Writ Petition is dismissed. 4. Hand over copy to the learned counsel for the petitioner. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn