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2020 Supreme(Online)(KER) 45072

HIGH COURT OF KERALA
MARY JOSEPH, J
ABDUL SAMAD K – Appellant
Versus
HASNATH C.P. – Respondent


Advocates:
SRI.J.R.PREM NAVAZ

ORDER

Dated this the 29th day of June, 2020 In view of the illegality involved in the order under challenge, this Court finds it just and proper to dispense with notice to the respondent as it would prejudice the revision petitioner and perpetrates injustice.

2. The order under challenge before this Court is one passed by Family Court, Tirur on 04.11.2019 in Crl.M.P (Ex.) No.01/2018 in M.C No.150/2016. As per the order passed by the Family Court on 26.09.2017 in M.C No.150/2016, the revision petitioner was directed to pay Rs.5,000/- as monthly maintenance to the respondent. For the reason that an amount of Rs.1,05,000/- is due as arrears of maintenance for a period from 22.03.2016 to 10.12.2017, Crl.M.P was moved before the Family Court by the respondent pressing for execution of the order. Notice was issued to the revision petitioner. Owing to non-appearance of the revision petitioner and non-payment of the sum due as arrears, the Family Court has issued distress warrant for recovery of the amount from the revision petitioner on 04.04.2018. The exercise was totally futile and thereupon the Family Court resorted to remedy the situation by issuing a non bailable warrant against the r

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