IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Crl.Rev.Pet.No. 193 of 2003() ----------------------------- MC.19/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... REVN. PETITIONER: RESPONDENT IN MC ------------------------------------- P.SIDDIQUE, S/O. ABDULLA, P.C.HOUSE, ALAKKAD, P.O.ERIAM, VIA.MATHAMANGALAM, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT: PETITIONER IN MC ------------------------------- METHALA PURAYIL UMMA KULSU, D/O. MUHAMMED, THATTUMMEL, P.O.THATTUMMEL, VIA.CHERUPUZHA, KANNUR DISTRICT. ADV. SRI.M.SASINDRAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A. NOS.8194/09 & 9177/09 IN RPFC NO.193/2003 CLOSED. 25/1/2010 SD/-V.K.MOHANAN, JUDGE. //TRUE COPY// V.K.MOHANAN, J. ---------------------------------------- Crl. R.P. No. 193 of 2003 ---------------------------------------- Dated 25th Day of January, 2010 ORDER This Crl.R.P is preferred by the counter petitioner in M.C.No.19/98, which was pending before the Judicial First Class Magistrate Court , Payyannur and initiated under Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, at the instance of the respondent herein, namely, Methala Purayil Umma Kulsu, who is the wife of the revision petitioner. The said proceedings was culminated in the judgment dated 29.11.2001 by which the revision petitioner was directed to pay a total sum of Rs.4,04,500/- to the claimant-wife. 2. In fact, this Crl.R.P. was filed before this Court on 12.7.2002 and the same is pending before this Court from the said date. The learned Counsels appearing for the rival parties submitted, which will find a place in the proceedings of this court, that the matter was settled between the parties and the revision petitioner has agreed to pay a total CRL.R.P.No.193/03. -:2:- sum of Rs. 3,00,000/-(Three lakhs only) to the respondent towards the full and final settlement. This Court by order dated 17.12.2009 recorded that both sides agree for an amount of Rs.3,00,000/- and Rs.75,000/- already paid to the respondent during the pendency of the Revision. It is also stated that there is a balance of Rs.2,25,000/- and the revision petitioner was directed to pay Rs.one lakh on or before 6.1.2010 and the matter was posted on 8.1.2010. It is seen from the endorsement that from 8.1.2010, again two weeks' time was granted for the payment Rs.one lakh. 3. When the matter is taken today for consideration, the learned counsel appearing for the revision petitioner submitted that the revision petitioner is ready to pay a sum of Rs.50,000/- today by way of demand draft and he further sought time to pay the balance amount. The learned counsel for the revision petitioner thus sought six months' time to pay off the entire settled amount. The counsel for the respondent opposed the said prayer and submitted that he has no objection in granting a limited time for the payment. CRL.R.P.No.193/03. -:3:- 4. Having regard to the entire facts and circumstances involved in the case, I am of the view that this Crl.R.P can be disposed of with a direction regarding the time of payment, especially, in the background of the fact that the matter was settled between the parties and Rs.75,000/- was paid as per the direction of this Court as a condition for stay. Today, a demand draft for an amount of Rs.49,865/- (D.D.No.298575/- dt.14.1.2010) handed over to the counsel for the respondent. Apart from the demand draft, an amount of Rs.135/- in cash also handed over to the counsel for the respondent. The balance amount to be paid will come about Rs.1,75,000/-. 5. As the impugned order was passed as early as on 29.11.2001, six months' time as sought by the counsel cannot be allowed. Three months' time will be sufficient to pay the entire amount and accordingly the revision petitioner is directed to pay a sum of Rs.75,000/- on or before 26.2.2010 and a sum of Rs.50,000/- on or before 26.3.2010 and the balance amount of Rs.50,000/- on or before 26.4.2010. If there is any failure on the part of the revision petitioner in CRL.R.P.No.193/03. -:4:- complying with the above direction and making the payment, the respondent is free to approach the trial court for the execution of the order passed by the trial court for an amount of Rs.4,04,500/- and the trial court is free to take appropriate steps for the realisation of the said amount, after deducting the amount already paid, in accordance with the procedure and the consequent interest for the defaulted amount. This Crl.R.P is disposed of with the above direction. V.K.MOHANAN, JUDGE kvm/- CRL.R.P.No.193/03. -:5:- V.K.MOHANAN, J. Crl.R.P. No. 193 of 2003. ORDER Dated: 25.1.2010