IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 RPFC.No. 221 of 2009() ---------------------- AGAINST THE ORDER DATED 07/11/2008 IN CMP 218/2006, 223/06,3047/06 & 2142/07 IN CMP.218/2006 OF FAMILY COURT, PALAKKAD .................... PETITIONER/COUNTER PETITIONER ------------------------------ BIJU,S/O.MADHAVAN, C.NO.7168, CENTRAL JAIL, VIYYUR, THRISSUR BY ADV. SMT.BINDHU.M.A.(STATE BRIEF) RESPONDENT(S)/PETITIONER ------------------------- PUSHPA, W/O.BIJU, PULIKKADU, KOTTEKKADU AMSOM, PALAKKAD TALUK. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- R.P.(FC).No.221 of 2009 -------------------------------------- Dated this the 25th day of June, 2009. ORDER This revision is in challenge of the common order passed by learned Judge of Family Court, Palakkad in C.M.P.Nos.218 of 2006, 223 of 2006, 3047 of 2006 and 2142 of 2007 ordering imprisonment of the petitioner for a total period of 24 months. Petitioner failed to pay maintenance allowance as per order in M.C.No.40 of 2003. Thereon respondent filed petitions for realisation of the amount under Section 128 of the Code of Criminal Procedure. C.M.P.No.218 of 2006 was originally filed as C.M.P.No.4900 of 2004 and that petition involved maintenance allowance for a period of eight (8) months. C.M.P.No.223 of 2006 was filed on 27.8.2005 and originally numbered as C.M.P.No.4395 of 2005 . That petition involved maintenance allowance from 12.7.2004 to 11.7.2005. In C.M.P.No.3047 of 2006 maintenance is claimed from 12.7.2005 to 11.10.2006 and in C.M.P.No.2142 of 2007, maintenance is claimed from 13.10.2006 to 31.10.2007. Learned counsel submitted that no question of limitation is involved since the subsequent petitions were filed at a time when the petition originally filed was pending and distress warrant was issued for realisation of the amount on 20.5.2005 and subsequent petitions were filed when that distress warrant was also pending. RP(FC) No.221/2009 2 2. Petitioner requested for leniency stating that he is undergoing treatment even in the Jail. He therefore could not pay the amount. 3. Petitioner is undergoing imprisonment from 7.11.2008 onwards Learned Judge has awarded imprisonment for a total period of 24 months. Having regard to the facts and circumstances of the case I am satisfied that imprisonment for a total period of 16 months is sufficient in the ends of justice. Resultantly, this revision is allowed in part to the extent that period of imprisonment awarded to the petitioner is modified as sixteen (16) months. The court below shall issue modified warrant to the Superintendent of Central Prison, Viyyoor forthwith. THOMAS P.JOSEPH, Judge. cks