IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10241 of 2009(R) -------------------------- CMP.190/2008 of FAMILY COURT,KOLLAM .................... PETITIONER(S): --------------- SULAIMAN KUNJU, S/O.YUNUS KUNJU, PALLIYAMBADI KIZHAKKATHIL KANNIMELKURI,VALLIKUNNAM VILLAGE, MAVELIKARA TALUK, REP. BY HIS POWER OF ATTORNEY HOLDER BASHEER KUNJU,S/O. SULIAIMAN KUNJU, KURUMBOLIL MURI, VALLIKUNNAM VILLAGE. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. NAZEEBA BEEVI, D/O. KHADEEJA BEEVI, NANDIYATTU KIZHAKKATHIL VEEDU, THAZHAVA VADAKKUMURI KIZHAKKU, THAZHAVA VILLAGE, KARUNAGAPPALLY TALUK. 2. SHEREEF (MINOR), REP. BY NAZEEBA BEEVI, D/O. KHADEEJA BEEVI, NANDIYATTU KIZHAKKATHIL VEEDU, THAZHAVA VADAKKUMURI KIZHAKKU, THAZHAVA VILLAGE KARUNAGAPPALLY TALUK. 3. SHAFEELA (MINOR), NAZEEBA BEEVI, D/O. KHADEEJA BEEVI, NANDIYATTU KIZHAKKATHIL VEEDU, THAZHAVA VADAKKUMURI KIZHAKKU, THAZGAVA VILLAGE, KARUNAGAPPALLY TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * W.P.C.No.10241 of 2009 ---------------------------------------- Dated this the 31st day of March 2009 J U D G M E N T BASANT,J Against the petitioner, an order under Section 125 Cr.P.C has been passed on the basis of consent of the parties. The petitioner was represented by his power of attorney. It is, on the basis of consent, that an order under Section 125 Cr.P.C was passed. That order remains without any challenge. The claimants - wife and children filed a petition alleging that amounts are in arrears. In that matter, the court below has now ordered issue of non-bailable warrant. According to the petitioner, there is no amount in arrears. How has the amount been paid? Was the payment made through court? Is there any voucher to show the payment? Admittedly, payment has not been made through court. Admittedly, there are no vouchers to show payment. 2. We are not, in these circumstances, persuaded at all that the impugned order Ext.P5 passed by the Family Court W.P.C.No.10241/2009 2 warrants any interference or directions from this court exercising the extraordinary constitutional jurisdiction under Article 226/227 of the Constitution of India. 3. This writ petition is accordingly dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr W.P.C.No.10241/2009 3 W.P.C.No.10241/2009 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009