IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 OP(Crl.).No. 846 of 2011(Q) ---------------------- CMP.165/2008 OF JUDICIAL I CLASS MAGISTRATE COURT, KOLENCHERRY .................. PETITIONERS : ----------------------- 1. HANEESHA, W/O. SADARUDEEN, AGED 22 YEARS, NETTUKUDI HOUSE, AMBALAPADI, NEAR PALLIKARA, ERNAKULAM DIST. 2. MUSFITHA, D/O. SADARUDEEN, AGED 5 MONTHS (MINOR), REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. HANEESHA, AMBALAPADI, NEAR PALLIKARA, ERNAKULAM DISTRICT. BY ADV. SRI. PAUL K. VARGHESE RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PORSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SADARUDEEN, S/O. KOCHUNNI, AGED 30 YEARS, NETTUKUDI HOUSE, AMBALAPADI, NEAR PALLIKARA, ERNAKULAM DIST. PIN-683565. 3. KOCHUNI, AGED 60 YEARS, (FATHER'S NAME NOT KNOWN TO THE PETITIONERS) NETTUKUDI HOUSE, AMBALAPADI, NEAR PALLIKARA, ERNAKULAM DIST., PIN -683565. 4. RUKIYA, W/O. KOCHUNNI, AGED 55 YEARS, NETTUKUDI HOUSE, AMBALAPADI, NEAR PALLIKARA, ERNAKULAM DIST., PIN-683565. R1 BY PUBLIC PROSECUTOR SRI. K.J. MOHAMMED ANZAR THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOMAS P.JOSEPH, J. ==================================== O.P(Crl.) No.846 of 2011 ==================================== Dated this the 01st day of March, 2011 J U D G M E N T Notice to respondent Nos.2 to 4 is dispensed with in view of the order I propose to pass in this petition. 2. Vide Ext.P1, order dated March 16, 2010 on C.M.P. No.165 of 2008 of the court of learned Judicial First Class Magistrate, Kolencherry the second respondent was directed to pay maintenance to the petitioners at the rate of Rs.5,000/- each under provisions of the Protection of Women from Domestic Violence Act. Grievance of petitioners is that as of now more than Rs.1,50,000/- is due and in spite of respondent No.2 being a bus owner conducting real estate business and capable of being paying the amount, has not paid the amount. Petitioners filed application before learned Magistrate to realise the amount but no action was taken on that application. Hence this petition seeking a direction to the learned Magistrate to implement Ext.P1, order referred above and direct respondent No.2 to clear the arrears of maintenance. I have heard learned counsel for petitioners and the learned Public Prosecutor. O.P(Crl.) No.846 of 2011 -: 2 :- 3. If an application for recovery of arrears of maintenance as per Ext.P1, order dated March 16, 2010 is preferred by petitioners, in the absence of any legal impediment learned Magistrate has to enforce the order as early as possible having regard to the fact that what is awarded to the petitioners is maintenance allowance. Hence learned Judicial First Class Magistrate, Kolencherry is directed to take necessary steps to enforce Ext.P1, order dated March 16, 2010 on C.M.P. No.165 of 2008 and recover the arrears of maintenance due to the petitioners as early as possible provided there is no legal impediment in doing so. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv