A. Muhamed Mustaque, J.:— Read Order dated 30.11.2021.
2. There was a settlement before this Court between parties. The review petitioner offered 60 cents of land in the manner indicated in the order. The respondents readily accepted the same. Based on the above, the review petitioner was released from jail. Now, the learned counsel for the respondent would submits that she is not interested in having the land as offered above and the settlement have been fizzled out. Now only question is whether the review petitioner should continue to be in the civil prison or not.
3. The review petitioner came before us, aggrieved by the observation of this Court, in the order under review, wherein this Court, mentioned that if the maintenance amount remain unpaid, the petitioner, who is the respondent herein, can execute the same. This Court also directed the Family Court to handover the warrant. It is pursuant to that, the review petitioner was arrested and detained in the civil prison.
4. It is to be noted that the main matter was related to striking off pleadings. This Court made observation to hand over warrant on a premise that all the formalities for issuing such warrant have been completed. The detention of the review petitioner in the jail for non compliance of the order will have to be exercised by the Family Court after application of mind and on proving his means. It is apparent that the Family Court without following the procedure merely based on the observation of this Court issued warrant.
5. In such circumstances, we are of the view that the order of release of the review petitioner from jail can be retained. Further, order on detention or issuance of warrant would depend upon the further orders to be passed by the Family Court for non compliance of the maintenance order. The Family Court should give adequate opportunity to the respondents to prove the means of the review petitioner before issuing warrant. Accordingly, review is disposed of. The order dated 30.11.2021 is clarified as above.
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