IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Crl.MC.No. 2745 of 2009 ---------------------------------- (M.C. NO. 13/02 OF THE JUDL. IST CLASS MAGISTRATE COURT, NADAPURAM) .................... PETITIONER/RESPONDENT IN M.C.NO.13/2002 ON THE FILE OF THE JUDL. 1ST CLASS MAGISTRATE, NADAPURAM: ------------------------------------------------------------------------------------------------------------------ MUHAMMEDKUTTY ALIAS MAMMOOTTY, AGED 39 YEARS,S/O.ABDULLA, CHAKKA HOUSE, THENDEMADU AMSOM DESOM, MAKKIYAD MANANTHAVADY, WAYANAD DISTRICT. BY ADV. MR.P.K.JOSE. RESPONDENTS/PETITIONER IN M.C NO.13/2002 ON THE FILE OF THE JUDL. 1ST CLASS MAGISTRATE, NADAPURAM: --------------------------------------------------------------------------------------------------- 1. T.K.SULAIKAH,AGED 34 YEARS, D/O. MUHAMMED,THEKKEKARA HOUSE, KAYAKODY POST, KAYAKODY AMSOM, DESOM, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REP:BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2745 of 2009 -------------------------- ORDER Petitioner is the respondent in M.C.No.13/2002 on the file of Judicial First Class Magistrate's Court, Nadapuram. He was directed to pay Rs.1,80,000/- to the first respondent, his divorced wife, under Section 3(1) of Muslim Women (Protection of Rights on Divorce) Act, 1986. On the failure of the petitioner to pay the amount, C.M.P. No.3767/2008 was filed by the first respondent. As petitioner did not appear or pay the amount, learned Magistrate, as per order dated 28.3.2009, issued non bailable warrant against the petitioner, which was repeated on 2.6.2009. This petition is filed under Section 482 of Code of Criminal Procedure contending that learned Magistrate should not have issued the non bailable warrant against the petitioner, as petitioner is not in a position to pay the amount. CRMC 2745/09 2 2. On hearing the learned counsel, I find no reason to interfere with the order, issuing non bailable warrant against the petitioner. It is up to the petitioner to appear before the learned Magistrate and raise the objections. Petition is dismissed. 18th September, 2009 (M.Sasidharan Nambiar, Judge) tkv