IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 309 of 2009()
1. A.M.CHANDRAN,S/O.CHANDU, C.NO.5252,
... Petitioner
Vs
1. R.BINDHU, 29 YEARS,D/O.LATE RAMAN,
... Respondent
2. RINIL, 1 YEAR AND 9 MONTHS, MINOR.
3. GREESHMA, 4 MONTHS, MINOR
For Petitioner :ADV.ADEEP ANWAR(STATE BRIEF)
For Respondent :SRI.P.K.RAMKUMAR
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :24/08/2009
O R D E R
THOMAS P. JOSEPH, J.
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R.P.(FC) No.309 of 2009
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Dated this the 24th day of August, 2009.
ORDER
Heard counsel for petitioner appointed on State Brief.
2. In this revision presented from jail where petitioner is detained,
challenge is to the separate orders passed by the Family Court, Kozhikode in
C.M.P.Nos.645 of 2004, 809 of 2005 and 1609 of 2006, all under Section 128 of
the Code of Criminal Procedure. Contention of petitioner is that he is unable to
pay maintenance. It is stated that he was undergoing treatment at the time the
Family Court passed the exparte order for maintenance against him. Learned
counsel contends that the necessary satisfaction to set petitioner exparte is not
entered in the order awarding maintenance.
3. Legality and correctness of order awarding maintenance is not a
matter to be looked in this revision. That is a matter which the petitioner has to
challenge in separate proceedings if he is otherwise entitled to that course.
4. So far as the orders impugned in this revision are concerned, it is
seen that imprisonment is for a period of twelve (12) months each. It is directed
that the sentence shall run consecutively. Petitioner was taken into custody on
22.8.2007. He has not paid the maintenance payable to the respondents, his
wife and children. However taking into account all relevant circumstances I am
RP(FC) No.309/2009
2
satisfied that imprisonment for a period of eight (8) months each is sufficient in
the ends of justice which shall run consecutively. Orders under challenge are
modified accordingly.
This revision petition is allowed to the extent that imprisonment awarded
to the petitioner on C.M.P.Nos.645 of 2004, 809 of 2005 and 1609 of 2006 is
modified as eight (8) months each which shall run consecutively. Court below
shall issue modified warrant to the Superintendent of Central Prison, Kannur.
THOMAS P.JOSEPH,
Judge.
cks