IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 364 of 2008()
1. NAZAR,S/O.ABDUL RAHIMAN,
... Petitioner
Vs
1. NAJEENA, D/O.SAJITHA, 7 YEARS,
... Respondent
For Petitioner :.
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/01/2009
O R D E R
R. BASANT, J.
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R.P.F.C.No. 364 of 2008
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Dated this the 6th day of January, 2009
O R D E R
The petitioner has preferred this revision petition through
the prison authorities. He is undergoing sentence consequent to
non-payment of maintenance due under Section 125 Cr.P.C. The
petitioner was directed to pay maintenance at the rate of Rs.250/-
p.m. to the claimant, his child, as per order in M.C. 3 of 1997.
He did not pay the amount due at the rate of Rs.250/- p.m. for a
period of 12 months, 9 months and 10 months respectively and
consequently the child through its mother filed applications for
execution as CMP Nos. 655 of 2003, 2132 of 2003 and 1420 of
2004. Later the amount of maintenance was enhanced to
Rs.500/- He committed default in making payment for a period
of 31 months at that rate. The child through its mother filed
execution petition claiming the said amount also in CMP 1822 of
2007.
2. The learned Judge of the Family Court, taking note of
the default in payment, sentenced the petitioner to undergo
R.P.F.C.No. 364 of 2008
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imprisonment for a period of 12 months, 9 months, 10 months and 12
months respectively in these applications. The learned Judge directed
that the sentences shall run consecutively.
3. The petitioner has come to this Court to challenge the order
passed and the sentence imposed on him. He was granted the
assistance of a State Brief counsel. The counsel only submits that
leniency may be shown and the sentence imposed may be modified and
reduced. The learned counsel relies on the decision in Gopalakrishna
Pillai v. District Superintendent of Police (2008 (3) KLT 80) and
submits that merely because it is legal to impose the said sentence the
maximum sentence need not have been imposed. I note that the
petitioner has been remaining in custody from March, 2008. I am, in
these circumstances, satisfied that a lenient view can be taken and the
sentence imposed on the petitioner can be modified and reduced.
4. This revision petition is allowed. The sentence imposed on
the petitioner is modified and reduced as follows:
CMP 655 of 2003 – 6 months
CMP 2132 of 2003 – 4 = months
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CMP 1420 of 2004 – 5 months
CMP 1822 of 2007 – 6 months.
Communicate the order to the Prison authorities forthwith as also
to the Family Court, Kozhikode.
(R. BASANT)
Judge
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