OMANAKUTTAN Vs. SULEKHA P.C.

JUDGEMENT

(1.) This original petition has been filed challenging the arrest warrant issued by the Family Court, Thiruvalla (for short 'the court below') against the petitioner under sec. 125(3) of Cr.P.C.

(2.) The petitioner is the husband of the 1st respondent and father of the 2nd respondent. The court below in MC No. 341/2003 directed the petitioner to pay maintenance to the 1st respondent @Rs.1,200.00 per month and the 2nd respondent @Rs.800.00 per month as per the order dtd. 13/8/2003. Thereafter, the 1st and 2nd respondent filed CMP No.50/2016 under sec. 125(3) of Cr.P.C. to execute the order dtd. 13/8/2003 in MC No.341/2003 and to recover the arrears of maintenance for the period from 13/7/2004 to 13/8/2016. The total amount claimed was Rs.2,90,000.00. The court below initially issued distress warrant against the petitioner. Thereafter, the court below issued arrest warrant against the petitioner as per the order dtd. 16/1/2007. This original petition has been filed challenging the arrest warrant issued by the court below.

(3.) I have heard Smt.S.Rekha, the learned senior Public Prosecutor and Sri.K.N.Radhakrishnan (Thiruvalla), the learned counsel for the 1st respondent.