IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 RPFC.No. 216 of 2009() ---------------------- AGAINST THE ORDER IN CMP 670/2007 IN MC NO.93/2002 OF FAMILY COURT, KOZHIKODE. .................... REVISION PETITIONER/RESPONDENT: ----------------------------- IDAYATH,S/O.ABDU, C.No.6265, CENTRAL JAIL, KANNUR KOYAPARAMBA, HALWA BAZAAR, KUTTICHIRA, P.O. SOUTH BEACH, (KUTTICHIRA PSL) BY ADV. SRI.UNNI.K.K.(STATE BRIEF) RESPONDENT(S): RESPONDENTS ------------------------- 1. N.P.SHAKEENA, D/O.K.MUHAMMED, KUTTIKATTIL HOUSE, AYYAPPAN KAVU THAZHAM VAYAL, P.O. CIVIL STATION, KOZHIKODE. 2. SAFNA (MINOR) 2ND RESPONDENT REP. BY GUARDIAN AS 1ST RESPONDENT SHAKEENA. THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- R.P.(FC)No.216 of 2009 -------------------------------------- Dated this the 23rd day of June, 2009. ORDER This revision is in challenge of order passed by the court below on C.M.P.Nos.1885 of 2002, 532 of 2004 and 789 of 2005 in M.C.No.93 of 2002. Petitioner was ordered to pay maintenance to the respondents, his wife and minor daughter. To enforce the order of maintenance for various periods, respondents filed the above petitions. As petitioner did not pay the amount, after compliance with the necessary formalities he was ordered to be imprisoned for the respective defaults. On C.M.P.No.1885 of 2002 petitioner was directed to pay Rs.14,000/- for a period of four and a half months. As he did not pay the amount he has been sentenced to undergo imprisonment for four months. On C.M.P.No.532 of 2004 he was directed to pay Rs.30,000/- as per the order of this Court before 31.12.2007. Rs.36,000/- was due from him for a period of twelve months. Hence, excluding the period of imprisonment already undergone, petitioner has been sentenced to undergo imprisonment for seven months. In C.M.P.No.789 of 2005, the amount payable for twelve months is Rs.36,000/- . That amount was also not deposited by the petitioner as per the order of this Court. In that petition, as petitioner did not pay the amount he has been sentenced to undergo imprisonment for twelve months. RP(FC) No.216/2009 2 Learned counsel appointed on State Brief for the petitioner submitted that unless the petitioner is released he will not be able to pay . It is seen that he had sufficient time to pay the arrears for the respective periods which he did not make use of. He has not shown sufficient cause for non-payment of the amount. No illegality or irregularity is pointed out in the orders under challenge. As such revision petition has to fail. It is dismissed. THOMAS P.JOSEPH, Judge. cks