V. Ramasubramanian, J.

The petitioner has come up with the above writ petition seeking the issue of a Writ of mandamus to issue appropriate directions to the Additional Family Court Judge, City Civil Courts, Hyderabad. Since the prayer made in the writ petition is little different from and out of the routine, we feel it better to extract the prayer made in the writ petition as follows :

Hence it is prayed that this Hon’ble Court may be pleased to issue a Writ of mandamus to direct the respondent to follow the procedure established by law, more specifically the Ministry of External Affairs, India, in arresting an Indian citizen located in USA, in Crl.M.P.No.37/2017 in Crl.M.P.No.23/2016 in M.C.No.51/2008, send the concerned the requirements deemed fit and necessary by them, as per the letter addressed to them dated 06-5-2018, vide N.B.W dated 06-4-2018 expeditiously within a specific time period, award costs and pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

2. Heard the petitioner appearing in person.

3. The petitioner filed M.C.No.51/2008 against her husband by name Mr. Timothy T. Gonmei, under Section 125 of the Code of Criminal Procedure seeking maintenance. The petition was allowed by the Family Court, Secunderabad, on 07-6-2010. Subsequently, the petitioner sought enhancement of maintenance, by filing a miscellaneous petition in Crl.M.P.No.23/2016, in the main petition M.C.No.51/2008. The petition for enhancement was also allowed by an order dated 11-4-2016.

4. On the ground that the petitioners husband was avoiding payment of arrears of maintenance, the petitioner filed Crl.M.P.No.9/2018, seeking attachment of his salary from the employer of her husband. The same was also allowed.

5. Claiming that the employer was not complying with the order of attachment and also claiming that her husband has gone to the United States of America, the petitioner filed Crl.M.P.No.37/2017, seeking recovery of arrears of maintenance and also seeking the issue of a Non-Bailable Warrant of arrest against her husband. On 09-02-2018, the Additional Family Court, City Civil Court, Hyderabad, issued a Non-Bailable Warrant against the petitioners husband. But the Non-Bailable Warrant was returned by the Delhi Police on the ground that they cannot execute the Warrant against a person residing in the United States of America.

6. Thereafter, the petitioner insisted upon a fresh Non-Bailable Warrant and the Additional Family Court passed an order on 06-4-2018, directing the issue of a fresh Non-Bailable Warrant with a further direction to send the same to the Ministry of External Affairs, New Delhi. Such an order was passed by the Additional Family Court on 06-4-2018, on the basis of a Memo filed by the petitioner together with a copy of the letter dated 03-4-2018 addressed by her to the Under Secretary to the Government of India.

7. It appears that the Ministry of External Affairs sent a reply to the petitioner, in response to her E-Mail dated 03-4-2018. It was stated in the said reply E-Mail that a Non-Bailable Warrant issued by a competent Indian Court cannot be executed in a foreign country in a manner similar to that within India. The Ministry of External Affairs pointed out in the said reply E-Mail that there exists an Extradition Treaty between India and the United States of America and that the Ministry of External Affairs will be able to take appropriate steps when a formal request for extradition is received, in respect of the person wanted for trial in India. Along with the reply E-Mail, dated 23-5-2018, the Ministry of External Affairs also sent a copy of the document titled Suggestion for Drawing up Extradition Requests.

8. Contending that the Additional Family Court failed to take steps as per the communication received from the Ministry of External Affairs, the petitioner has come up with the above writ petition seeking the issue of a Writ of mandamus, of the natu