IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2960 of 2008()
1. KRISHNANKUTTY @ KANNAN,
... Petitioner
Vs
1. THE STATE OF KERALA, THROUGH THE SUB
... Respondent
2. KRISHNAKUMARI, D/O.VELAYUDHAN,
3. KEERTHY, D/O.KRISHNANKUTTY @ KANNAN,
For Petitioner :SRI.SAKIR.K.H.
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/08/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 2960 of 2008
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Dated this the 6th day of August, 2008
ORDER
The petitioner has suffered an order under Sec.125
Cr.P.C. directing him to pay maintenance at the rate of
Rs.1,000/- per mensem to his wife and Rs.750/- per mensem to
his child. That order was passed by the learned Judicial
Magistrate of the First Class, Alathur. Execution petition is
pending before the Family Court. No amount whatsoever has
been paid so far, it is submitted. The petitioner was produced
before the learned Magistrate and, on his execution of a
personal bond, he was released from custody. He had
undertaken to appear before the learned Judge of the Family
Court on 31/7/08; but he did not appear on that date.
Consequently, a warrant of arrest has been issued against him.
Such warrant is chasing the petitioner now.
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2. According to the petitioner, steps are afoot to settle the
dispute. He shall pay an amount of Rs.10,000/- to the claimant
straightaway. For payment of the balance amount or to settle
the dispute, he prays for time till 16/9/08. He submits that if he
were arrested and detained in custody, he will not be able to
settle the dispute or raise the amount and, in these
circumstances, it is prayed that a lenient view may be taken and
the petitioner may be granted time till 16/9/08 on any
appropriate conditions.
3. The fact that the petitioner has not paid any amount
admittedly, even though the maintenance is payable from
November, 2004 looms large in my mind while considering the
bona fides of the petitioner. But, however, in the facts and
circumstances of this case, I am satisfied that this Crl.M.C. can
be allowed to facilitate the settlement of the dispute between the
parties subject to appropriate safeguards.
4. In the result, this Crl.M.C. is allowed in part. Following
directions are issued:
(i) The petitioner shall appear before the learned Judge of
the Family Court on or before 18/8/08.
(ii) If he deposits/pays an amount of Rs.10,000/- and
executes a bond with two solvent sureties for the balance
Crl.M.C. No. 2960 of 2008 -: 3 :-
amount payable under the order till this date – the sureties
agreeing to make the payment of the amount if the petitioner
does not pay the amount by 16/9/08, the learned Judge of the
Family Court shall release the petitioner on condition that he
appears before the learned Judge on 16/9/08.
(iii) The amount of Rs.10,000/-, if deposited, shall be
released to the claimant immediately.
(iv) The warrant of arrest issued against the petitioner
shall not be executed till 18/8/08.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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