IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 315 of 2009()
1. ARAYAL PARAMBIL RAMADAS, S/O.RAMAN,
... Petitioner
Vs
1. VENGULIL VALAPPIL PUSHPA, 46 YEARS,
... Respondent
2. RAHUL, 17 YEARS (MINOR),
For Petitioner :SMT.SINDHU THANKAM (STATE BRIEF)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :26/08/2009
O R D E R
THOMAS P JOSEPH, J
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R.P.F.C.No.315 of 2009
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Dated this 26th day of August 2009
ORDER
Heard counsel for petitioner appointed on State brief.
2. The revision is in challenge of order dated 04-12-2008 on
C.M.P(Ex.)No.1232 of 2080 in M.C.No.113 of 2003 of the Family Court,
Malappuram. Petitioner failed to pay maintenance to respondent
Nos.1 and 2, wife and son for a period of 48 months. The total amount
of arrears payable is Rs.1,23,000/-. When he was arrested and
produced before court he had no explanation for non payment and
hence learned Judge directed his detention in the prison for a period of
30 months. It is contended by learned counsel that the order for
payment of maintenance was ex parte and further, that respondent
No.2 has already attained majority.
3. If respondent No.2 has attained majority that is a matter
which petitioner has to take up in the court below under section 127 of
the Code of Criminal Procedure. If the order for payment of
maintenance passed is ex parte that is also a matter which petitioner
has to take up in the court below in appropriate proceedings.
4. On going through the order challenge I do not find any
illegality, irregularity or impropriety requiring interference. However,
considering the difficulties of petitioner expressed in his petition I am
satisfied that imprisonment for a period of 20 months is sufficient in
R.P.F.C.No.315 of 2009 2
the ends of justice. The order under challenge is modified accordingly.
Resultantly, this revision petition is allowed in part and the period
of imprisonment is modified as 20 (twenty) months. Court below shall
issue modified warrant to the Superintendent of prison concerned.
THOMAS P JOSEPH, JUDGE
Sbna/