IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 Crl.MC.No. 2389 of 2008() ------------------------- Cr.M.P.No.1195/08 IN Crl.R.P.No.48/08 of II ADDL.SESSIONS JUDGE, KOZHIKODE PETITIONER: ------------ POONKUNNATH UMMER, S/O.KUNHUTTY ALI, 35 YEARS KODUVALLY AMSOM, OARAMBATHKAVU DESOM, MANIPURAM BY ADV. SRI.R.SUDHISH RESPONDENTS: ------------- 1. VAHEEDA, D/O.UNNIMOYI, 31 YEARS, ARIPPANADI VEEDU, THAZHEKODE AMSOM, CHENDAMANGALOOR DESOM, CHENDAMANGALLOOR 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.2389 of 2008 ------------------------------------- Dated this the 27th day of June, 2008 ORDER Petitioner has suffered an order under Section 3 of the Muslim Women (Protection of Rights on Dovirce) Act, 1986. Under the said order he is obliged to pay a total amount of Rs.2,49,000/-. The petitioner preferred a revision. In the revision, execution of the order was suspended on condition that the petitioner deposits an amount of Rs.50,000/- within a period of 45 days from 06.05.08 and a further amount of Rs.50,000/- within a further period of 45 days. 2. The petitioner has come to this Court complaining that the conditions imposed are onerous. 3. Admittedly no amount has been paid under Section 3 of the Muslim Women's (Protection of Rights on Divorce) Act by the petitioner to the claimant. In any view of the matter, he is liable to pay some amount. I am, in these circumstances, not persuaded to agree that the court below has committed any error in directing payment of an amount of Rs.1 lakh. Crl.M.C. No.2389 of 2008 2 4. The learned counsel for the petitioner finally submits that some breathing time may be granted to him to make payment of the amount. 5. I am satisfied that the petitioner can be granted time for payment of the amount of Rs.50,000/- till 31.07.08 and a further period of 45 days to pay the balance amount. If the amounts are paid, the same shall be released to the claimant without prejudice to the contentions of both parties. 6. This Crl.M.C is, in these circumstances, allowed in part. (R.BASANT, JUDGE) rtr/-