IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 795 of 2009()
1. AHAMMED ALI M., AGED 32 YEARS,
... Petitioner
Vs
1. NAZRIN BANU, AGED 24 YEARS,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.SUNNY MATHEW
For Respondent :SMT.T.SUDHAMANI
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/06/2009
O R D E R
M.SASIDHARAN NAMBIAR, J.
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Crl.M.C. No. 795 of 2009-B
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Dated this the 5th day of June, 2009.
O R D E R
Petitioner is revision petitioner in Cr.R.P.No.3/2008 on
the file of Sessions Court, Kasaragod. Petitioner filed
Crl.M.P.No.342/2008 to stay the execution of the order for
payment of maintenance under Annexure A2 order, which
was allowed on condition of deposit of Rs.1,50,000/-. This
petition is filed under Section 482 of the Code of Criminal
Procedure challenging that order.
2. Learned Counsel appearing for the petitioner and
learned counsel appearing for first respondent were heard.
3. In the nature of the Cr.R.P., the Sessions Judge
was not justified in directing the petitioner to deposit
Rs.1,50,000/- as the revision is filed to set aside the exparte
order for payment of maintenance.
Crl.M.C.No.795/2009-B
-2-
4. When revision is filed challenging dismissal of the
petition to set aside the exparte order and execution of the
exparte order for maintenance was sought, Sessions Judge
was not justified in directing deposit of Rs.1,50,000/-. The
very revision could be disposed without delay.
5. Petition is allowed. Sessions Judge is directed to
dispose the revision without delay. Meanwhile the exparte
order for maintenance will stand suspended on the
petitioner depositing Rs.10,000/- before the learned
Sessions Court within two weeks from today. On such
deposit, first respondent is entitled to withdraw that
amount.
M.SASIDHARAN NAMBIAR
JUDGE
dkr