High Court of KeralaOP(Crl.)/118/2015closed

Vijayan v. Beena

2015-04-10Honourable Mr. Justice P.Ubaid4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 OP(Crl.).No. 118 of 2015 (Q) ----------------------------- PETITIONER/RESPONDENT:

--------------------------------------- VIJAYAN, AGED 46 YEARS S/O. NARAYANAN, PANATTIL HOUSE, KALLUR VILLAGE MUKUNDAPURAM TALUK BY ADV. SRI.P.K.SAJEEV RESPONDENT/PETITIONER:

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1. BEENA, D/O. GOPALAN, VADAKKEPARAMBIL HOUSE, ANCHUMANA DESOM, EDAPPILLY VILLAGE, ERNAKULAM TALUK

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682031 R2 BY Sr. GOVERNMENT PLEADER SMT. SAREENA GEORGE P. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 118 of 2015 (Q) APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE-A1: COPY OF THE PETITIONS IN M.P.NO.171/2014 IN M.C.NO.285/2006 ON THE FILES OF FAMILY COURT, IRINJALAKUDA ANNEXURE-A2: COPY OF THE PETITIONS IN E.P.NO.14/2013 IN O.P.NO.1317/2006 ON THE FILES OF FAMILY COURT, IRINJALAKUDA ANNEXURE-A3: TRUE COPY OF OBJECTIONS IN E.P.NO.14/2013 IN O.P.NO.1317/2006 ON THE FILES OF FAMILY COURT, IRINJALAKUDA ANNEXURE-A4: TRUE COPY OF THE MEDIATION AGREEMENT DATED 06.08.2014 ANNEXURE-A5: TRUE COPY OF PROCEEDINGS IN M.P.NO.171/2014 IN M.C.NO.285/2006 ON THE FILES OF FAMILY COURT, IRINJALAKUDA RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- O.P.(Crl)No.118 of 2015 --------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

The petitioner herein is the respondent in M.C.No.285/2006 of the Family Court, Irinjalakuda. Pending the proceeding, the parties came to settlement, and as part of settlement the petitioner herein agreed to pay maintenance to his wife. When he failed to make payment, the wife brought execution proceedings as M.P.No.171/2014. Now, there is warrant of arrest against him in execution. He seeks orders from this Court under Article 227 of the Constitution of India staying the execution proceedings, pending decision in the original petition brought by the wife for recovery of ornaments.

2. On hearing the learned counsel, and on a perusal of the proceedings, I find that the petitioner's right remedy lies in the trial court itself. In the present circumstances, where there is a warrant issued against him rightly on complaint of failure to pay maintenance promptly, this Court cannot exercise supervisory jurisdiction under Article 227 of the Constitution of India. The petitioner can very well approach the trial court, make substantial payment towards the maintenance due from him, and have the

O.P.(Crl)No.118 of 2015 warrant recalled by the trial court itself.

With these observations, this original petition is closed. Sd/- P. UBAID, JUDGE sd