IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 36100 of 2009(R) -------------------------- CRMP.185/2009 of FAMILY COURT, KALPETTA .................... PETITIONER : --------------- KURIKKAL KOMU, AGED 68 YEARS, S/O. KUNHUMUHAMMED, MELARAMBATH HOUSE, POST KAMBALAKKAD, WAYANAD DISTRICT. BY ADV. SMT.CELINE JOSEPH RESPONDENT: --------------- KOUSA, W/O. KURIKKAL KOMU, CHAKKUNGAL HOUSE, IDIYAMVAYAL, ACHOORANAM.P.O, POZHUTHUNA VI, VYTHIRI, WAYANAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(C) No.36100 of 2009 ------------------------------------- Dated this the 23rd day of December, 2009 JUDGMENT BASANT, J. Against the petitioner, an order has been passed under Section 125 Cr.P.C obliging him to pay maintenance to his wife, the respondent herein @ Rs.1,000/- per mensem. The amount of maintenance was not paid and this obliged the respondent to approach the court below for execution of the order. An amount of Rs.12,000/- is in arrears. The court below is taking necessary steps to execute that order. Against the petitioner, a non bailable warrant has been issued to procure his presence. At this juncture, the petitioner has come to this Court. He prays that the execution of the non bailable warrant issued against him may be stayed on the ground that he is sick. 2. We have heard both counsel. We are not persuaded to agree that there is any reason to interfere with the proceedings initiated by the court below at this juncture. Under law, it is open to the petitioner to contend before the court below that he has not willfully defaulted in payment. There is a W.P(C) No.36100 of 2009 2 submission made that if the parties are referred for conciliation/settlement, a harmonious settlement is possible. The petitioner can make that representation before the court below and, needless to say, the court below must consider such representation and pass appropriate orders in accordance with law subject to appropriate conditions. 3. This Writ petition is, in these circumstances, dismissed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-