IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33775 of 2009(R) -------------------------- AGAINST THE ORDER IN CRMP 161/2007 IN MC.348/2005 of FAMILY COURT, MALAPPURAM AT MANJERI OPGW.433/2009 of FAMILY COURT, KOTTAYAM .................... PETITIONER: --------------- KOCHUPARAMBIL SHAMSUDEEN, AGED 40 YEARS, SON OF KASIM, CHERI, KALKKUND, MUTHUTTI HOUSE, KARUVARAKKUNDU P.O., MALAPPURAM. BY ADV. SRI.T.M.RAMAN KARTHA SMT.DIJI.K.DASAN RESPONDENT(S): --------------- 1. NARIMADACKAL RAMLATH, AGED 32 YEARS, D/O.POCKER, NARIMADACKAL HOUSE, KUNDODU P.O., KARUVARAKKUNDU THARISU, MALAPPURAM. 2. MUHAMMED MEHABOOBU, AGED 8 YEARS, DO. DO. 3. FATHIMA MERBANU, AGED 6 YEARS, DO. DO. MINORS REP. BY MOTHER FIRST RESPONDENT. 4. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVT.PLEADER SMT.SMITHA SUKUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.33775 OF 2009 ----------------------------------------------------- DATED THIS THE 24th DAY OF NOVEMBER, 2009 J U D G M E N T Basant, J. Against the petitioner, a warrant of arrest has been issued admittedly for non-compliance of an order of maintenance passed under Section 125 Cr.P.C. obliging him to pay amounts monthly to the claimants who are his minor children. It is submitted that claiming amounts for a period of 22 months, warrant of arrest has been issued against the petitioner. Since the warrant of arrest is issued against him, he is unable to appear before the courts where his presence is required. It is in these circumstances that the petitioner has rushed to this Court. 2. The learned counsel for the petitioner submits that the petitioner is willing to deposit the amount due for a period of 12 months. According to him, warrant is not liable to be executed for a period exceeding 12 months in the light of the provisions of Section 125 Cr.P.C. It is for the petitioner to appear before the Family Court, deposit the admitted amount and raise his contentions in respect of balance amount. If, as submitted by the W.P.(C)No.33775/09 -2- petitioner, the amount due for the period of 12 months is deposited by him, needless to say, the court below will have to consider his contentions before proceeding to pass further orders. If he deposits the amount due for a period of 12 months, the court below shall proceed to hear him and shall pass appropriate order expeditiously, after considering his contentions 3. We are satisfied that the petitioner is not entitled for any relief in this Writ Petition. With the above observation, this Writ Petition is dismissed. 4. Hand over copy of this judgment to the learned counsel for the petitioner. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn