IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 891 of 1999()
1. M.J.JOHN
... Petitioner
Vs
1. PUSHPA JOHN
... Respondent
For Petitioner :SRI.V.N.ACHUTHA KURUP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :10/08/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.891 of 1999
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Dated this the 10th day of August, 2007
O R D E R
The revision petitioner is the husband/counter petitioner in
M.C.No.137/97 and the petitioner in C.M.P.No.43/99 has sought
for setting aside the orders of the courts below. As per the order
in M.C.No.137/99 dated 29.8.1998 the Magistrate ordered
maintenance at the rate of Rs.500/- each to the petitioners 1 and
2, the wife and the elder child and Rs.400/- to the third petitioner
i.e., the second child from the date of the petition i.e., from
15.12.1997 onwards. On application under Section 127 Crl.P.C.
filed by the husband seeking to reduce the amount of
maintenance on the basis of the Civil court decree, the court
below dismissed the application pointing out that no amount at all
has been paid by the petitioner/husband therein. It is submitted
that the revision petitioner is working abroad. The counsel for the
revision petitioner has produced the order of the Additional
District Judge, Pathanamthitta in A.S.No.19/01 dated 31.8.2006 as
per which the appellate court has disallowed the maintenance
CRRP891/1999 Page numbers
claimed by the wife and the maintenance ordered only at the rate
of Rs.300/- to the minor children.
In the circumstances, I find that the revision petitioner can
raise the contention before the court below at the time of
execution by filing appropriate application as on the date of the
order in C.M.P.No.43/99 i.e., 29.9.1999 the civil court decision was
not in existence. Hence, the revision petition is dismissed
permitting the revision petitioner to seek appropriate remedy
before the proper forum.
K.R.UDAYABHANU,
JUDGE
csl