IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Crl.MC.No. 795 of 2009(B) ------------------------------------ CRL.RP.NO.3/2008 OF SESSIONS COURT, KASARAGOD .................... PETITIONER: ------------------- AHAMMED ALI. M., AGED 32 YEARS, S/O.IBRAHIM, RESIDING AT FAZIL MANZIL, MANIMUNDA, UPPALA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT, NOW RESIDING IN P.O.BOX NO. 5873, AJMAN U.A.E. BY ADV. MR.SUNNY MATHEW. RESPONDENTS: ------------------------ 1. NAZRIN BANU, AGED 24 YEARS, D/O.ABDUL KHADER, RESIDING AT BAITHUL MIBIN, MOVVAL, RAHMATH NAGAR, PALLIKKARE, NOW RESIDING AT RUKYA MANZIL, CHETTUMKUZHI, MADHUR VILLAGE, P.O.HIDAYATH NAGAR, KASARAGOD TALUK AND DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SMT.T.SUDHAMANI, R2 BY PUBLIC PROSECUTOR MR. AMJAD ALI. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 795 of 2009-B ================== Dated this the 5th day of June, 2009. O R D E R Petitioner is revision petitioner in Cr.R.P.No.3/2008 on the file of Sessions Court, Kasaragod. Petitioner filed Crl.M.P.No.342/2008 to stay the execution of the order for payment of maintenance under Annexure A2 order, which was allowed on condition of deposit of Rs.1,50,000/-. This petition is filed under Section 482 of the Code of Criminal Procedure challenging that order. 2. Learned Counsel appearing for the petitioner and learned counsel appearing for first respondent were heard. 3. In the nature of the Cr.R.P., the Sessions Judge was not justified in directing the petitioner to deposit Rs.1,50,000/- as the revision is filed to set aside the exparte order for payment of maintenance. Crl.M.C.No.795/2009-B -2- 4. When revision is filed challenging dismissal of the petition to set aside the exparte order and execution of the exparte order for maintenance was sought, Sessions Judge was not justified in directing deposit of Rs.1,50,000/-. The very revision could be disposed without delay. 5. Petition is allowed. Sessions Judge is directed to dispose the revision without delay. Meanwhile the exparte order for maintenance will stand suspended on the petitioner depositing Rs.10,000/- before the learned Sessions Court within two weeks from today. On such deposit, first respondent is entitled to withdraw that amount. M.SASIDHARAN NAMBIAR JUDGE dkr