ABDUL NAZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the respondent in M.C.35/2002 on the file of Family Court, Kozhikode. Wife and the minor son filed the petition under Section 125 of the Code of Criminal Procedure claiming maintenance. Family Court, Kozhikode directed petitioner to pay maintenance at the rate of 1000/- to the wife and Rs. 750/- to the minor son. Petitioner challenged it before this Court in R.P.(F.C) 21/2003. Under Annexure 1 order dated 2.6.2008 the revision was dismissed confirming the maintenance. On the failure to pay maintenance, in execution a warrant of arrest was issued by the Family Court. This petition is filed under Section 482 of the Code of Criminal Procedure to quash the further proceedings in C.M.P 251/2008 on the ground that subsequently petitioner dissolved his marriage with second respondent by thalaq and therefore no maintenance is payable after the date of the thalaq and thereafter petitioner is only liable to pay the amount as provided under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act. It is also contended that M.C.12/2009 filed by respondent under Section 3 of the Act is pending before Judicial First Class Magistrate Court I, Thamarassery.

(2.) Learned Counsel appearing for the petitioner was heard.

(3.) Case of the petitioner is that under Annexure II his marriage with second respondent was dissolved by thalak which was intimated to ber registered post, evidenced by Annexure III postal acknowledgement and inspite of Annexure IV objection filed by the petitioner, the Family Court has not considered the objection.