IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 OP(C).No. 2777 of 2011(O) ------------------------- OS.163/2008 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER ------------------ DAMODHARAN, S/O.KOCHUKUNJAN NADAR, D.V.HOUSE, KANDALA, OORUTTAMBALAM, MARANALLOOR DESOM, MARANALLOOR VILLAGE. BY ADV. SMT.M.HEMALATHA RESPONDENT: --------------------- L. SAKUNTHALA, BEENA BHAVAN, KONNIYOOR, PERUMKULAM VILLAGE, NEDUMANGAD TALUK, WORKING AS PEON IN K.S.R.T.C, VELLANAD DEPOT. 695 541. BY : THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (C) No.2777/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE DECREE IN OS No.163 OF 2008 BEFORE THE MUNSIFF'S COURT OF NEYUYATTINKARA. EXT.P2 – TRUE COPY OF THE E.A. No.1153/2010. EXT.P3 – TRUE COPY OF THE ORDER IN E.A No.1153/2010 DATED 21-12-2010. EXT.P4 – TRUE COPY OF THE E.A No.155/11. EXT.P5 – TRUE COPY OF THE ORDER IN E.A No.155/11 DATED 28-05-2011. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2777 of 2011 -------------------------------------- Dated this the 25th day of August, 2011. JUDGMENT Petitioner is the decree holder in E.P.No.115 of 2010 in O.S.No.163 of 2008 of the court of learned Additional Munsiff-II, Neyyattinkara. Petitioner obtained a decree for recovery of money against the respondent and put the decree in execution. Though notice on the execution petition was served on the respondent, she remained absent. Petitioner filed E.A.No.1153 of 2010 for a direction to the respondent to deposit `43,279/- out of her gratuity received at the time of retirement. That was allowed by Ext.P3, order dated 21.12.2010. It is contended that the order was served on the respondent, she was directed to appear in court and deposit the amount but she did not respond. Thereon, petitioner filed E.A.No.155 of 2011 to initiate contempt proceeding against respondent and issue warrant of arrest. The executing court observed that there is no provision to issue a warrant of arrest in a money decree to a woman and dismissed E.A.No.155 of 2011 by Ext.P5, order. That order is under challenge. 2. Learned counsel submitted that warrant of arrest was not sought to be issued for recovery of the amount based on a finding of means but, for non-compliance with the order. 3. Whether the executing court could have directed the respondent to deposit a portion of gratuity benefits she received at the time of OP(C) No.2777/2011 2 retirement itself is a doubtful question since the character of the amount will not change by the mere fact that respondent has retired from service. However, I am not going into that question in this proceeding which is left open. 4. Now the question for decision is whether the prayer to issue warrant of arrest against respondent is to be allowed, for the reason that she did not deposit the amount as directed in Ext.P3. It is not disputed that no warrant of arrest could be issued to a woman in a money decree for recovery of the amount. If that be so, allowing of E.A.No.155 of 2011 would only circumvent the said statutory bar. I am not inclined to think that failure to deposit the amount amounted to contempt so that the executing court was required to issue a warrant of arrest to the respondent. I do not find reason to interfere with the impugned order. Original Petition is dismissed. THOMAS P.JOSEPH, Judge. cks