JUDGMENT :

1. The legal question emerges in these matters is, whether a Court, which passed an order of maintenance under Section 125 and 127 of the Code of Criminal Procedure, is competent to execute the order against a person, who has been residing in a place outside the jurisdiction of the Court, which passed the order?

2. Crl.M.C.No.6566 of 2022 has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C’ for short) challenging Annexure-A3 order of the Family Court, Malappuram. As per Annexure-A3 order dated 16.08.2022 in the form of an endorsement in an unnumbered CMP (Execution)/2022 in M.C.No.64/2019, the Family Court returned the execution petition with the following endorsement:

“As the respondent is a resident of Tamil Nadu State as per Section 128 Cr.P.C, the Court order is to be executed at the place of residence of the respondent. Hence the petition is returned for presentation before the proper Court.”

3. In O.P(Crl.).No.549 of 2022, similarly the Family Court, Malappuram returned CMP (Execution)/2022 in M.C.No.392/2016 for the same reason.

4. Heard the learned respective counsel for the petitioners as well as the learned co