The revision petitioner is the respondent in MC.No.183/2005 before the Family Court, Nedumangad. When the wife of the revision petitioner brought CMP.No.111/2007 for execution of the maintenance order against him, the revision petitioner entered appearance and resisted the application. Finding that there is no bar in proceeding with execution, the trial court issued distress warrant against the revision petitioner for realisation of the maintenance amount in arrear. The said order dated 6.2.2014 is under challenge in this revision.
2. On hearing the learned counsel, and on a perusal of the impugned order I find that this revision is not maintainable. What is under challenge is a procedural order in enforcement of and order under Section 125 Cr.PC. The revision petitioner can file revision only when
R.P.(FC).No.108/2014.
2 any judicial order affecting his right is passed by the court. At this stage when there is only a procedural order to issue distress warrant, the revision petitioner cannot maintain a revision. However the trial court will have to hear the revision petitioner before issuing non bailable warrant, in case recovery by distress warrant is not possible. With this observation, this revision can be disposed of.
In the result, this revision petition is dismissed as not maintainable, with observation that the revision petitioner will have to be heard effectively before issuing non bailable warrant, when such a course is resorted to.
Sd/-
P. UBAID, (Judge)
Kvs/-
// true copy //
PA TO JUDGE.