High Court Kerala High Court

Abdul Nazar vs Sulaikha on 30 March, 2009

Kerala High Court
Abdul Nazar vs Sulaikha on 30 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RPFC.No. 105 of 2009()


1. ABDUL NAZAR, S/O.KUNHUMOIDU,
                      ...  Petitioner

                        Vs



1. SULAIKHA, D/O.MUHAMMED KULANGARA
                       ...       Respondent

2. NAVAS, S/O.SULAIKHA (MINOR 12 YEARS).

3. NASIRA D/O.SULAIKHA (MINOR 9 YEARS)

4. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SMT.T.D.RAJALAKSHMI

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :30/03/2009

 O R D E R
                      M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                 R.P(F.C.) NO. 105 OF 2009
             = = = = = = = = = = = = = = =
        Dated this the 30th day of March, 2009.

                           O R D E R

This revision is preferred with a prayer to set aside the

sentence to undergo imprisonment for three years or until

payment of Rs.37,300/- by allowing this revision petition.

The respondents had also entered appearance after notice.

Respondents are not very keen on sending the revision

petitioner to jail but what they want is the money for their

livelihood. There is much force in that contention and now

the revision petitioner also feels like complying with the

orders of the Court but pleads his helplessness to wipe off

the entire liability at one stretch. After hearing both sides

and considering the materials I feel this is a fit case where

the following orders can be passed.

(1) If the petitioner deposits an amount of

Rs.25,000/- before the Court below within a period of two

months the petitioner shall be released from jail after the

deposit.

R.P(F.C.) NO. 105 OF 2009
-:2:-

(2) For the balance payment of Rs.12,300/- a period

of three months be granted from the date of release from jail

and if that amount is not deposited within a period of three

months he will be rearrested and send to jail for a period of

nine months.

The R.P.(F.C) is disposed of accordingly.

M.N. KRISHNAN, JUDGE.

ul/-