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2009 Supreme(Ker) 145

R.BASANT
T. K. Ramakrishnan – Appellant
Versus
Subhadra – Respondent


Advocates Appeared:
For the Petitioner:V.M. Krishnakumar, Renjith Thampan, P.A. Anitha, Advocates. For Amicus Curiae:K.P. Sudheer. For the Respondent:K.P. Balagopal, Advocate.

Judgment :

Can the pace of execution proceedings before the Family Courts under S.125 Cr.P.C, be quickened? Should warrants both under Ss.421(1)(a) and (b) Cr.P.C. be issued invariably in every case before a sentence of imprisonment is imposed under S.125(3) Cr.P.C. for recovery of the amount payable? Is it the law that the courts, even after being satisfied that the defaulter has no movable or immovable property, must ritualistically issue warrants both under Ss.421(1)(a) and (b) Cr.P.C. and wait for the return of both warrants before passing an order imposing sentence under S.125(3) Cr. P.C.? Do the decisions in Nithiyanandan v. Radhamani (1980 KLT 537) and Kuttappan v. Vijayamma (2001 (3) KLT 451) insist on inflexible adherence to such a procedure? These questions of relevance have come up for consideration before me in this R.P.(F.C.).

2. My experience in this jurisdiction shows that there is lot of avoidable unnecessary delay in the expeditious execution of orders under S.125(3) Cr.P.C. and it is hence that I wanted these aspects to beargued in detail. Both counsel have helped this Court to consider these questions. Advocate Mr. K.P. Sudheer was requested to assist this Court a











































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