IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Crl.MC.No. 3024 of 2005() ------------------------- AGAINST THE ORDER DATED / / IN CMP 4148/2000 IN MC.78/1997 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER: ------------ ABDUL HAKKIM, S/O. KUNHAMMED AGED 57 YEARS, KODAKKAL HOUSE, POST KOZHIKODE. BY ADV. SRI.C.VATHSALAN SRI.C.DEVARAJAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: ------------- 1. RASEENA, THAZHEMULIYERI (H) PALAYAD AMSOM, PATHIYARAKARA DESOM, POST PALAYAD, KOZHIKODE DISTRICT. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3024 of 2005 ------------------------------------------------- Dated this the 12th day of August, 2008 ORDER The petitioner has suffered an order under Sec.3 of the Muslim Women (Protection on Divorce) Act to pay an amount of Rs.63,000/- to his divorced wife. That order was passed in M.C.No.78/97. So far, the amount has not been paid. The petitioner has come to this Court with a prayer that the petitioner has no amount to be paid in full. An amount of Rs.5,000/- was paid in execution proceedings prior to the presentation of this Crl.M.C. An amount of Rs.15,000/- was paid as directed by this Court on 13/9/05, it is submitted. 2. What is the legal defect in the order that it cannot be executed now? The learned counsel for the petitioner only prays that the petitioner may be granted instalment facility. I find absolutely no merit in the said prayer. The amount of Crl.M.C. No. 3024 of 2005 -: 2 :- Rs.63,000/- has been directed to be paid in M.C. filed in 1997 and even till today, even according to the petitioner, only an amount of Rs.20,000/- has been paid. I am not persuaded to agree that any directions need be issued under Sec.482 Cr.P.C. except a direction to the learned Magistrate to expeditiously proceed to execute the order. 3. This Crl.M.C. is dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3024 of 2005 -: 3 :-