High Court Kerala High Court

M.J.John vs Pushpa John on 10 August, 2007

Kerala High Court
M.J.John vs Pushpa John on 10 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 891 of 1999()



1. M.J.JOHN
                      ...  Petitioner

                        Vs

1. PUSHPA JOHN
                       ...       Respondent

                For Petitioner  :SRI.V.N.ACHUTHA KURUP

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :10/08/2007

 O R D E R
                        K.R.UDAYABHANU, J
                   -----------------------------------------
                        Crl.R.P.No.891 of 1999
                   -----------------------------------------
                Dated this the 10th day of August, 2007



                                O R D E R

The revision petitioner is the husband/counter petitioner in

M.C.No.137/97 and the petitioner in C.M.P.No.43/99 has sought

for setting aside the orders of the courts below. As per the order

in M.C.No.137/99 dated 29.8.1998 the Magistrate ordered

maintenance at the rate of Rs.500/- each to the petitioners 1 and

2, the wife and the elder child and Rs.400/- to the third petitioner

i.e., the second child from the date of the petition i.e., from

15.12.1997 onwards. On application under Section 127 Crl.P.C.

filed by the husband seeking to reduce the amount of

maintenance on the basis of the Civil court decree, the court

below dismissed the application pointing out that no amount at all

has been paid by the petitioner/husband therein. It is submitted

that the revision petitioner is working abroad. The counsel for the

revision petitioner has produced the order of the Additional

District Judge, Pathanamthitta in A.S.No.19/01 dated 31.8.2006 as

per which the appellate court has disallowed the maintenance

CRRP891/1999 Page numbers

claimed by the wife and the maintenance ordered only at the rate

of Rs.300/- to the minor children.

In the circumstances, I find that the revision petitioner can

raise the contention before the court below at the time of

execution by filing appropriate application as on the date of the

order in C.M.P.No.43/99 i.e., 29.9.1999 the civil court decision was

not in existence. Hence, the revision petition is dismissed

permitting the revision petitioner to seek appropriate remedy

before the proper forum.

K.R.UDAYABHANU,
JUDGE

csl