IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 858 of 2006()
1. K.ABBAS, S/O.MOIDU HAJI, AGED 31 YEARS,
... Petitioner
Vs
1. M.K.SUBAIDA, D/O.HABEEB,
... Respondent
2. ANEEZ.M.K., (MINOR) REPRESENTED BY
3. FATHIMA.M.K. (MINOR), REPRESENTED BY
4. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.R.SURENDRAN
For Respondent :SRI.I.V.PRAMOD
The Hon'ble MRS. Justice K.HEMA
Dated :15/10/2009
O R D E R
K.HEMA, J.
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Crl.M.C.No.858 of 2006
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Dated this the 15th day of October, 2009
ORDER
Learned counsel for the petitioner submits that he has no instructions from
the petitioner. The learned counsel for the first respondent submitted that the
matter would have become infructuous since the order challenged herein is passed
in the petitions filed under section 125(3), for execution of a maintenance order
and those petitions were filed as early as in 2006 while the petitioner was in jail.
He would have already undergone the imprisonment, it is submitted.
2. The proceedings would show that he was undergoing imprisonment
in Central jail and the vakalath was executed before the Superintendent of Central
Jail. It is also brought to my notice by the respondent’s counsel that even though
there was an order to release the petitioner from custody, on certain conditions,
the petitioner has not complied with the condition, by depositing an amount of
Rs.10,000/- in all the five cases, as directed.
In the above circumstances, I find that there is no purpose in proceeding
with this case especially since even the petitioner’s counsel is not having
instructions in the matter. Hence, this petition is dismissed.
K.HEMA, JUDGE
Skj.