BIJU C V Vs. DEEBA MOLE

JUDGEMENT

(1.) This Writ Petition under Article 227 of the Constitution is filed by the petitioner/husband/judgment debtor, against whom proceedings in execution for recovery of the amount by arrest and detention has been initiated by the respondent/decree holder/wife. Warrant of arrest is issued against the petitioner, it is submitted. At this juncture, the petitioner has rushed to this Court. What is his grievance ? The learned counsel for the petitioner submits that there is a property available under attachment. The same can be brought to sale. At any rate, in these circumstances, there is no necessity to hurriedly execute the direction for payment by arrest and detention of the petitioner. The petitioner is willing to pay the amount if some further time is given as he expects certain amounts from his employer consequent to termination of his employment.

(2.) After discussions at the Bar, it is fairly conceded that there is no legal defect or inadequacy in the proceedings initiated. The short prayer of the counsel is that if some time were granted, the consequence of arrest and detention can be avoided. We feel that this submission must be made before the Family Court and the bona fides of the petitioner must be established before the court below by making part payment and requesting for time. We have no reasons to assume that the court below shall not consider such request if made with compassion, if the bona fides of the petitioner were revealed to the Court. At any rate, we are not satisfied that there is any justifiable reason to invoke our extraordinary constitutional jurisdiction under Article 227.

(3.) This Writ Petition is accordingly dismissed with the above observations. Hand over a copy of this order to the learned counsel for the petitioner.