1. The short question that arises for consideration in this petition is:

(1) Whether the remedy by way of issuing a distress warrant is a pre-requisite to enforce an order for maintenance against a defaulter-husband so as to issue warrant in order to commit him to jail? and

(2) Whether it is an invariable rule that if a small parcel of land or a building belonging to the defaulter husband is there, it should be attached and sold and only thereafter, for the amount that remains unpaid, he can be committed to jail?

2. The petitioners are the wife and two children in favour of whom an order for maintenance was passed by the Family Court Manjeri, at the rate of Rs.350/- per month to the wife and Rs.300/- each per month to the two children. Thus, the total amount payable by the 1st respondent-husband to the petitioners herein comes to Rs.950/-per month. An application was filed by the petitioners under Section 125(3)/128 Cr.P.C. to execute the order. It is pointed out by the learned counsel for the petitioners that a landed property measuring four cents in which a residential house is also there, stands in the name of the respondent-husband. But the fact that the house mention