IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 RPFC.No. 62 of 2008() --------------------- AGAINST THE ORDER IN CMP.1100/2006 AND 1574/05 IN MC.269/2004 OF FAMILY COURT, KOZHIKODE .................... APPELLANT -------------------------- MOOSA, S/O.ABDULLA, C.NO.5097, CENTRAL PRISON, KANNUR. BY ADV. G.G.MANOJ RESPONDENTS: ------------- STATE OF KERALA BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` R.P.F.C. No. 62 OF 2008 ```````````````````````````````````````````````````` Dated this the 11th day of March, 2008 O R D E R This revision petition is filed by the petitioner aggrieved by two orders passed by the Judge of the Family Court sentencing the petitioner to undergo imprisonment for a period of 9 months and 12 months respectively for failure/default in making payment of the amounts due as per an order under section 125 Cr.P.C. passed against him. The claimants are the wife and children of the petitioner herein. An amount of Rs.2,200/- per month is directed to be paid. CMP.1100/06 was filed to recover the amount of Rs.19,800/- (9 x 2200) and CMP.1574/05 was filed to recover the amount of Rs.30,800/- (2200 x 14). The amounts were not paid. The petitioner was arrested and produced. He did not show any reasonable cause. Accordingly, the learned Judge of the Family Court proceeded to pass the impugned orders R.P.F.C.No.62/08 : 2 : sentencing the petitioner to undergo simple imprisonment for a period of 9 months and 12 months respectively for the said defaults. 2. The petitioner has presented this revision petition through prison authorities as he was not able to engage a counsel. A counsel was requested to render legal aid to the petitioner. Arguments have been heard. 3. The learned counsel for the petitioner only submits that a lenient view may be taken and the period of imprisonment may be reduced. The petitioner has remained in custody from 9.7.07. He has not even been able to engage a counsel of his own to assail the orders and that must convey to the court the impecunious predicament of the petitioner. In these circumstances, a lenient view may be taken and the period of imprisonment may be reduced. This is the short plea of the learned counsel for the petitioner. 4. I am ignoring the technicality that a common revision petition has been filed to assail two separate orders. R.P.F.C.No.62/08 : 3 : 5. I have heard the learned counsel for the petitioner on merits. I find merit in the contention of the learned counsel for the petitioner that leniency deserves to be shown in the facts and circumstances of his case. Every endeavor must be made by the court to ensure that the compassion of the Magistrate reflected in section 125 Cr.P.C. is translated into tangible orders and the destitute wife and children are enabled to recover the amount. But that cannot justify undue harshness in the matter of imposition of sentence in default in payment of the amounts. In the instant case, I am convinced that the petitioner is not deliberately refusing to pay maintenance and that he is now evidently unable to raise the amount and discharge his liability. The law permits imposition of imprisonment for one month for each months default in payment but it is not the law that such maximum sentence must be imposed in every case. In the facts and circumstances of the case, I am satisfied that a lenient view can be taken and the sentence of imprisonment imposed can R.P.F.C.No.62/08 : 4 : be reduced. The imposition of a sentence of imprisonment for 15 days for default in payment of each month's maintenance, I am satisfied, shall serve the ends of justice. This revision petition can succeed only to the above extent. 6. In the result, this revision petition is allowed. The impugned orders passed in CMP.1100/06 and CMP.1574/05 are modified. It is directed that the petitioner shall undergo imprisonment for a period of 135 days (9 x 15) and 180 days (12 x 15) respectively for default in payment of the amounts of maintenance awarded. This revision petition accordingly succeeds to the above extent. Communicate the order to the learned Judge of the Family Court who shall forthwith issue revised warrant of commitment to the prison authorities. (R.BASANT, JUDGE) aks R.P.F.C.No.62/08 : 5 : R. BASANT, J. ``````````````````````````````````````````` R.P.F.C. No. 62 OF 2008 ``````````````````````````````````````````` O R D E R 11th day of March, 2008