V.M. ABDUL HAMEED Vs. RAMANI

JUDGEMENT

(1.) "Frailty thy name is woman" - wrote Mr. William Shakespeare in his play 'Hamlet'. The frailty of a woman cannot also be exploited by the decree holder in a suit for money. Not even a notice to show cause against her arrest and detention can be issued. Such threats by the decree holder to squeeze out money cannot be countenanced in law.

(2.) The petitioner had obtained a decree for money against the respondent in O.S. No.867/2011 on the file of the Court of the Subordinate Judge of Ernakulam and the same was put into execution in E.P. No.50/2003.

(3.) Mr.Sivan Madathil, Advocate on behalf of the petitioner strenuously contends that the execution court is obliged to issue notice under Order XXI Rule 37 of the CPC to the respondent as sought. The question of arrest and detention in civil prison of the respondent would arise only if a plea of 'no means' is raised and turned down by the execution court. It is the case of the petitioner that the respondent has already transferred her immovable and movable property in favour of her close relatives in order to screen it from being proceeded against in execution. The petitioner adds that the respondent should at least be slapped with a show cause notice against arrest and detention in a bid to realise the decree amount. The petitioner suggests that a veiled threat of arrest and detention in civil prison may perhaps prompt the respondent to discharge the decree debt.