CRM(M) No. 91/2025 Serial No.03 Regular list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 91/2025 CrLM No. 187/2025 CrlM No. 211/2025 Hilal Ahmad Malik ….. Petitioner(s) Through: - Mr. Imtiyaz Ahmad Sofi, Advocate. V/s Kismat Jan @ Maliha. ….. Respondent(s) Through: - CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 03.03.2025. 1. In the instant petition, the petitioner herein has invoked the inherent powers of this Court while seeking setting aside of order dated 12th February, 2025, passed by the Court of Principal Judge, Family Court, Srinagar (for short hereinafter referred as “the court below”). 2. The petitioner herein-the father of the respondent herein has come up with the petition seeking quashing of the impugned order passed in favour of the respondent-his daughter. 3. Be that as it may, the impugned order being impugned in the instant petition is extracted and reproduced in extenso hereunder:- “Case was called. Petitioner present. Respondent is absent. I have perused the file which transpires that petitioner has filed the execution petition for recovery of an amount of Rs. 95,000/. Perusal of the Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document CRM(M) No. 91/2025 file reveals that respondent has not paid any maintenance amount. Conduct of respondent clearly shows that he is not interested in making the payment to the tune of Rs. 95,000/ to the petitioner, so non-bailable warrants are issued against the respondent, which shall be executed through In-charge/SHO Police Station concerned. In-charge police Station concerned is authorized to arrest the respondent and produce him before the court immediately after his arrest. He is also directed that if the respondent makes the payment of Rs. 95,000/- in that situation, he shall not be arrested and deposit the amount before the court. In case the warrant will not be executed, in that situation, SHO concerned shall remain personally present before this court positively”. As emerged from the plain reading of the order supra, it gets revealed that the respondent before the court below, being the petitioner herein had remained absent on the date of the passing of the order and the court below as such in the execution proceedings pending before it instituted by the daughter- respondent herein for recovery of the arrears of maintenance of Rs. 95,000/- from the father-petitioner herein taking cognizance of the conduct of the father-petitioner herein in not paying the said arrears of maintenance to the daughter- respondent herein, has ordered the issuance of non- Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document CRM(M) No. 91/2025 bailable warrants in furtherance of the execution of the orders passed by it for recovery of the said arrears of the maintenance. 4. The petitioner as has been noticed in the preceding paras has invoked the inherent powers of this Court for seeking quashing the impugned order, however, in view of the aforesaid position obtained in the matter inasmuch as, the facts and circumstances of the case, this Court is not inclined to display indulgence and exercise inherent power in view of the settled position of law laid down by the Apex Court as well as this Court, consistently that the said power is to be exercised sparingly with circumspection and in rarest of rear cases and the case in hand by no stretch of imagination could said to be a case rarest of rare in nature, warranting exercise of inherent power. 5. Resultantly, the petition fails and, is, dismissed with costs to the tune of Rs. 10,000/- payable by the petitioner- father to the respondent herein in addition to the arrears of maintenance which the petitioner herein is liable to pay to the respondent herein in the execution proceedings pending before the court below. The court below shall in the process of recovery of arrears of maintenance also effect the recovery of the aforesaid costs from the petitioner herein without any fails. (Javed Iqbal Wani) Judge SRINAGAR 03.03.2025 “Abdul Rashid” Whether approved for reporting? Yes/No Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document