IN THE HIGH COURT OF KERALA AT ERNAKULAM
RPFC.No. 394 of 2009()
1. MANOJKUMAR.K., S/O.VELAYUDHAN,
... Petitioner
Vs
1. SREEBITHA.P.O., D/O.SREEDHARAN,
... Respondent
2. SREEHARI (MINOR),
For Petitioner :ADV.RAFEEKH. K.(STATE BRIEF)
For Respondent :SRI.P.VIJAYA BHANU
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :/ /
O R D E R
P.S.GOPINATHAN, J.
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R.P.(F.C).No.394 of 2009
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Dated this the 28th day of October, 2009
ORDER
The revision petitioner is the respondent in CMP(Ex.)1095
of 2008 in M.C.No.412 of 2006 on the file of the Family Court,
Malappuram. The respondents herein are the wife and the
minor son of the revision petitioner. By order dated 7/12/2006 in
M.C.No.412 of 2006 the respondents obtained an order of
maintenance at the rate of Rs.1,700/- to the first respondent and
at the rate of Rs.500/- to the second respondent under Section
125 of the Code of Criminal Procedure. Since the revision
petitioner failed to pay the amount, the respondents 1 and 2 filed
C.M.P.(Ex.)1095 of 2008 under Section 128 of Code of Criminal
Procedure seeking an order for enforcement of the order of
maintenance. There was arrears for more than 25 months. The
revision petitioner failed to pay the amount. In the above
circumstance, by the impugned order dated 17/9/2008 the
revision petitioner was sentenced to undergo simple
imprisonment for 20 months. Accordingly now he is undergoing
imprisonment. While undergoing imprisonment this revision
petition was filed through Superintendent of Central Jail, Kannur
R.P.(F.C).No.394 of 2009
2
assailing the order sentencing the revision petitioner.
2. Heard the learned counsel for the revision petitioner
and the respondents. The learned counsel for the revision
petitioner submitted that since he is undergoing imprisonment
he is not in a position to pay the amount. In the event he is
released on bail he would make every attempt to pay
maintenance as ordered by the trial court. Hoping that the
revision petitioner would comply with the order of maintenance
and on finding that he had undergone imprisonment for more
than one year I find that the imprisonment already undergone
would meet the ends of Justice.
In the result this revision petition is allowed. The sentence
of imprisonment is reduced to the period already undergone.
The revision petitioner shall be released forthwith.
P.S.GOPINATHAN, JUDGE
skj.