IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3022 of 2005()
1. KOYA, MANNARKKATTIL HOUSE,
... Petitioner
Vs
1. RAMLA, D/O. SAIDALI,
... Respondent
2. KERALA STATE REPRESENTED BY THE
For Petitioner :SRI.V.K.VEERAVUNNY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :02/04/2009
O R D E R
M.C.HARI RANI, J.
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CRL.M.C.No.3022 OF 2005
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DATED THIS THE 2nd DAY OF APRIL, 2009
O R D E R
The petitioner herein is the respondent in M.C.No.13/98
filed by the first respondent herein as the petitioner before the
Court of Judicial First Class Magistrate’s Court-I, Aluva, under
Section 3 of the Muslim Women (Protection of Rights on Divorce)
Act. As per order dated 21.4.2001, the learned Magistrate
directed the petitioner herein to pay Rs.50,000/- as fair and
reasonable provision for future maintenance and Rs.3,000/-
towards maintenance for the iddat period. The respondent herein
filed Crl.R.P.No.74/2001 before the Additional Sessions Court,
N.Paravur. As per order dated 24.10.2001, the learned
Additional Sessions Judge enhanced the amount from
Rs.53,000/- to Rs.72,000/-. Pending revision before the
Additional Sessions Court, the respondent herein filed Execution
Petition as M.P.No.817/2001 before the Magistrate’s Court, to
realise the amount of Rs.53,000/- as ordered in M.C.No.13/98.
The petitioner herein appeared and paid a total amount of
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Rs.6,000/-. Since he has not discharged the entire liability, the
petitioner was arrested and produced before the Magistrate’s Court on
20.1.2004 and sentenced him to undergo imprisonment for nine
months. Thereafter, the petitioner has undergone the imprisonment
till 30.7.2004 in the Central Prison, Viyyur as revealed from Annexure
I. Thereafter, on 16.8.2004, the respondent herein filed
Crl.M.P.No.824/2004 before the Magistrate’s Court for realisation of
the enhanced amount of Rs.19,000/- as ordered in
Crl.R.P.No.74/2001, wherein, a distress warrant was issued on
3.9.2005 by the learned Magistrate, copy of which is produced as
Annexure-II. Thereafter, on 12.9.2005, the present petition is filed by
the petitioner under Section 482 of Cr.P.C. before this Court with the
prayer to quash the proceedings in Crl.M.P.No.824/2004 on the file of
Court of J.F.C.M.-I, Aluva.
2. Heard the learned counsel appearing for the petitioner and
for the first respondent. Heard the learned Public Prosecutor also.
3. It is submitted by the learned counsel appearing for the
petitioner that the petitioner has no means to discharge the liability as
revealed from the report of the Village Officer, copy of which is
produced as Annexure IV. The copy of the objection filed by the
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petitioner herein in the above-mentioned petition,
Crl.M.P.No.824/2004 before the Magistrate’s Court is produced as
Annexure III. It was contended that second execution application filed
by the respondent after suppressing the order of the revisional court
till the petitioner has undergone the imprisonment in the previous
execution petition is an abuse of process of the court and serious
miscarriage of justice, which cannot be allowed.
4. The prayer in this petition is opposed by the learned counsel
for the first respondent.
5. On going through the allegations in this petition, it is
evident that the original execution petition, M.P.No.817/2001 was filed
by the respondent herein for the realisation of the amount in
M.C.No.13/98, which was ordered on 21.4.2001, whereby the
petitioner was directed to pay Rs.53,000/- towards fair and reasonable
provision for future maintenance and the maintenance for the iddat
period. That has not been discharged and only an amount of
Rs.6,000/- was paid as admitted in the petition. Since the balance
amount has not been discharged by the petitioner, he was sentenced
to undergo imprisonment for nine months. The petitioner has
undergone the imprisonment and released on 30.7.2004. The second
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execution petition, Crl.M.P.No.824/04 was preferred by the respondent
on 16.8.2004 claiming the enhanced amount of Rs.19,000/- ordered
by the revisional court on 24.10.2001. It is true that the earlier
execution petition M.P.No.817/01 was pending on 24.10.2001 on
which date the judgment in the revision has been passed by the
learned Additional Sessions Judge, N.Paravur. While filing the earlier
execution petition, M.P.No.817/2001, that amount cannot be added as
the amount due from the petitioner herein and admittedly no such
amount has been granted by the revisional court and E.P. has been
preferred by the respondent for realisation of the amount already
ordered in the M.C. The petitioner herein has no case that he is not
liable to pay the enhanced amount as ordered by the revisional court.
The judgment has become final and nobody has challenged the finding
entered by the revisional court. Therefore, the petitioner herein is
bound to discharge that liability and for the non-payment of which
Crl.M.P.No.824/04 was preferred by the respondent herein, in which
non-bailable warrant was ordered by the learned Magistrate on
3.9.2005. I find no error or impropriety or illegality in the proceedings
against the petitioner for realisation of the amount of Rs.19.000/- as
claimed in Crl.M.P.No.824/2004.
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6. The power under Section 482 of Cr.P.C. can be invoked
only sparingly and with caution, to meet the ends of justice. I find no
injustice in this case and therefore no ground for interference in the
proceedings initiated in Crl.M.P.No.824/2004 by the learned
Magistrate. Hence, this petition is liable to be dismissed.
In the result, the Crl.M.C. is dismissed.
M.C.HARI RANI, JUDGE.
dsn
