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2018 Supreme(Online)(KER) 5454

HIGH COURT OF KERALA
C.K. ABDUL REHIM, R. NARAYANA PISHARADI, JJ
MATHEW JOSE – Appellant
Versus
FEEMA – Respondent


JUDGMENT

C.K.ABDUL REHIM, J By invoking the supervisory jurisdiction vested on this Court under Article 227 of the Constitution of India , the petitioner is seeking for a direction to the Family Court, Ernakulam to recall the warrant issued against him, under Ext.P1.

2. On a persual of Ext.P1, we take note that it is the communication containing the extract of the warrant issued by the Family Court, addressed to the District Collector, forwarded for the prupose of executing the attachment of properties of the petitioner, for recovery of an amount of Rs.5,40,000/-, being the arrears of maintenance ordered in favour of his wife and child, who are the respondents herein.

3. Contention of the petitioner is that, he has no source of income to pay the amount of maintenance ordered by the Family Court. According to him, he had already filed O.P.No.1129/2014 before the Family Court, seeking for dissolution of the marriage existing with the 1st respondent, which stands allowed. It is stated that, the petitioner is not holding any movable or immovable property. According to him, the residential property belonging to him, comprised in survey No.1238/5 of Kumbalangy Village, stands transferred

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