SINDHU A. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Order passed by Family Court, Malappuram (for short 'the court below') on 20/1/2021 in Crl.M.P.(Ex) No.144/2020 was assailed in the petition on hand by the petitioner in M.C. No.999/2011.

(2.) By an order passed in the M.C. on 11/4/2018, Family Court, Malappuram has directed the 2nd respondent to pay monthly maintenance allowance at the rate of Rs.3,500.00 to the petitioner from the date of the petition. The 2nd respondent failed to pay the monthly maintenance allowance as directed. Therefore, Crl.M.P.(Ex) No.144/2020 seeking for enforcement of the order passed in the M.C was filed by the petitioner before Family Court, Malappuram, true copy of which is produced alongwith the petition on hand as Ext.P1. Ext.P1 was returned by the court below for presentation before the proper court stating that it has no jurisdiction to execute the order, true copy of which is produced alongwith the petition on hand as Ext.P2. Crl.M.P (Ex) Nos.194/2018 and 82/2018 filed by the petitioner seeking for execution of order were also dismissed. Crl.M.P. No.01/2021 filed by the petitioner to review the orders of dismissal as above was also dismissed, copy of which order is also produced alongwith the petition on hand as Ext.P3.

(3.) The court below heard on maintainability of the petitions seeking execution filed before it and upholding the argument of the learned counsel for the respondent and relying on the dictums in Vijay Kumar Prasad v. State of Bihar [2004 KHC 601] and Denny Antony and Another v. Marykutty Abraham [2007 KHC 5126] held that the execution petition is to be filed before the Family Court within whose jurisdiction the respondent is residing and therefore, returned it for presentation before the proper court. A petition seeking review was filed and the court below dismissed that also.