The court invokes its supervisory jurisdiction under Article 227 to stay coercive execution proceedings until the party is provided with a certified copy of the order, ensuring the right to pursue further legal remedies is not frustrated.

ORDER

The respondent in MC No.281 of 2021 on the files of the Family Court, Malappuram, has filed this Original Petition under Article 227 of the Constitution of India, seeking the following reliefs:

i. To call for the records leading to Ext. P1 to P8 and to issue a direction to the learned Family Court, Malappuram to issue certified copy of the order in CMP No.2 of 2025 in CMP (EX) No. 162 of 2023 (Ext.P7) within appropriate period as fixed by this Hon’ble Court

ii. To issue appropriate direction to the learned Family Court not to execute the warrant issued as per the order dated 12-06-2026 till a certified copy of the order in CMP No.2 of 2025 in CMP (EX) No. 162/2023 issued and 2 weeks thereafter.

His grievance is that the court below hastily proceeded with the execution of the maintenance order without having been satisfied that any arrears of maintenance existed. It is further contended that the court below did not issue certified copy of the order in CMP No.2 of 2025 in CMP(Ex)No.162 of 2023, which is the petition filed for recording full satisfaction of the amount due to the petitioner in that MC, pursuant to Ext.P5 judgment. It is stated that the warrant already ordered by the court below has to be kept in abeyance, pending the issuance of certified copy as directed above.

Having regard to the nature of the reliefs sought for in this Original Petition, notice to respondents is dispensed with.

Heard the learned counsel for the petitioner.

The contention of the petitioner that the court below is hastily proceeding with the execution of the maintenance order, that too, by way of arrest and detention, without passing any order on the petition filed by him for declaring full satisfaction of the payment of arrears of maintenance, is somewhat grave in nature. The learned counsel for the petitioner submitted that it is known from the counsel appearing for the petitioner in the court below that very recently the Family Court has passed orders on the above petition, dismissing it. At any rate, the petitioner is entitled to get a certified copy of the said order so that he could work out the remedies available, if it is found to be unjust. Pending the issuance of the certified copy of the aforesaid order and a reasonable time thereafter, it is highly necessary that the coercive steps taken against the petitioner are to be kept in abeyance. Accordingly, the Original Petition is allowed as follows:

(i) The Family Court, Malappuram, is directed to issue certified copy of the order in CMP No.2 of 2025 in CMP(Ex) No.162 of 2023 (Ext.P7) to the petitioner, within a period of two weeks from the date of receipt of a copy of this judgment, provided a copy application complying with all the formalities has been filed by him.

(ii) The Family Court, Malappuram, shall keep in abeyance all coercive processes issued against the petitioner, for a period of four weeks from today.