IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 RPFC.No. 29 of 2009() --------------------- AGAINST THE ORDER DATED / / IN CMP.165/2008,1686/2006 IN MC.340/2005 of .................... PETITIONERS: ------------------ M.P.BASHEER, S/O.MUHAMMED KOYA, C.NO.5616, CENTRAL JAIL, KANNUR. BY ADV. ADV.BINDU.M.A(STATE BRIEF) RESPONDENT(S): --------------- 1. AFSATH M.P., AGED 28 YEARS, D/O.MUHAMMED, PALLITHAZHAM, MANKAVU, KOZHIKODE - 7. 2. MUHAMMED ANEESH, AGED 13 YEARS, S/O.BASHEER. 3. ANUSHA, AGED 12 YEARS, D/O.BASHEER. 4. ANEESHA, AGED 10 YEARS, D/O.BASHEER. ADV. PUBLIC PROSECUTOR THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J ---------------------------------------- R.P(F.C).29 of 2009 --------------------------------------- Dated this 24th day of June 2009 ORDER Heard counsel for petitioner appointed on State Brief. This revision is in challenge of separate orders passed by learned Judge of Family Court, Kozhikode in Crl.M.P.Nos.1686 of 2006 and 165 of 2008 sentencing petitioner to imprisonment for a period of 12 months each, to run consecutively. In the petition preferred by the petitioner he states that he is unable to pay the arrears of maintenance. He is in jail for the last 8 months. Learned counsel after going through the records of the case submitted that the distress warrant issued for realization of the amount was not fruitful. There is no contention that the claim made in these petitions are for a period beyond 12 months preceding the filing of the petition. Hence the petition are in time. What remained for consideration is only whether leniency is required to be shown in the matter of sentence. Petitioner states that he is unable to pay the amount. He is in jail for quite some time. In the circumstances, I am satisfied that imprisonment for a period of 6 (six) months each on each R.P(F.C).No.29 of 2009 2 petition, to run consecutively is sufficient in the ends of justice. Resultantly, this revision is allowed to the following extent; Sentence awarded to the petitioner in Crl.M.P.Nos.1686 of 2006 and 165 of 2008 is modified as simple imprisonment for 6 (six) months each, to run consecutively. Modified warrant shall be issued by the court below to the superintendent of Central Prison, Kannur forthwith. THOMAS P JOSEPH, JUDGE Sbna/ R.P(F.C).No.29 of 2009 3