IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 RPFC.No. 17 of 2009() --------------------- MC.352/2006 of .................... REVISION PETITIONER/COUNTER PETITIONER: -------------------- MOHANAN, TILOR, S/O.KUTTAN, RESIDING AT ANDITHARA, KIZHAKKUMMURI, ELAVANCHERY VILLAGE, PALAKKAD CHITTUR TALUK. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS/PETITIONERS --------------- 1. SREEKALA, RESIDING AT VETTEKATTU PARAMBA, ANDITHARA, ERIMAYOOR, ALATHUR, PALAKKAD. 2. VISHNU, S/O.SREEKALA (MINOR) REPRESENTED BY GUARDINA/MOTHER 1ST RESPONDENT. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- R.P.F.C.No.17 of 2009 ---------------------------------------- Dated this the 14th day of January 2009 O R D E R The petitioner in this R.P.F.C assails an order passed under section 125 Cr.P.C obliging him to pay maintenance at the rate of Rs.1,200/- to the first claimant/wife and Rs.600/- per mensum to the second claimant/child aged 1 ½ years. 2. Marriage, paternity, separate residence are all admitted. The petitioner is employed as a worker at Tirupur. He is a tailor by profession. The learned counsel for the petitioner submits that the petitioner does not now want to challenge the impugned order on any aspects. The learned counsel for the petitioner only prays that the petitioner may be granted reasonable time to discharge the entire liability and avoid the consequence of being arrested and detained in custody for non- compliance of the direction for payment of maintenance. 3. It is for the petitioner to show his bona fides by depositing substantial portion of the amount. He can then seek further time from the family court to enable him to deposit the R.P.F.C.No.17/09 : 2 : balance amount. I have no reason to assume that if the petitioner responds reasonably, the learned judge of the family court shall not consider his plight and issue appropriate directions regarding payment. If the payment can be secured otherwise, no one's interest will be served by sending the petitioner to prison. 4. This R.P.F.C is in these circumstances dismissed but with the specific observation that if the petitioner shows his bona fides by discharging substantial portion of the amount due and prays for time for payment of the balance amount, the learned judge of the family court must consider such plea in accordance with law, fairly, reasonably and expeditiously. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr R.BASANT, J R.P.F.C.No. ORDER 11/02/2008