IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Crl.MC.No. 1515 of 2008() ------------------------- MC.45/2004 of FAMILY COURT, KOZHIKODE .................... PETITIONER: ACCUSED ------------------- K.P.MUSTHAFA, S/O.MOIDEENKOYA, KUPPERICHALIL METHAN VEEDU, POST PALAZHI, NEAR PALAZHI LAST BUS STOP, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ 1. THE STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUNILA, D/O.MUHAMMED, POYILIL HOUSE, KODUVALLI AMSOM DESOM, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN FOR R.1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.1515 of 2008 ---------------------------------------- Dated this the 26th day of May 2008 O R D E R The petitioner has suffered an order under Section 125 Cr.P.C to pay maintenance at the rate of Rs.1,000/- per mensum to his wife/second respondent herein. The order under Section 125 Cr.P.C was challenged before this court in revision; but the same has been dismissed as per order in R.P.F.C.No.86/2008. When the order was put into execution, the petitioner was arrested. Consequent to non-payment, he was sent to prison. At that stage this Crl.M.C has been filed. As per interim order dated 09/04/2008, the petitioner was directed to be released from custody on condition that he deposits an amount of Rs.15,000/-. That amount has been paid and the same has been released to the claimant, it is submitted. But the balance amount has not been paid so far. 2. Called upon to explain the nature of challenge in the Crl.M.C, the learned counsel for the petitioner only prays that some further time may be granted to the petitioner to make payment. I am of the opinion that sufficient time has already Crl.M.C.No.1515/08 2 been made and there is no merit or grace in the request for grant of any further time to make the payment. The learned counsel for the respondent submits that a total amount of Rs.51,000/- is now due, towards which only an amount of Rs.15,000/- has been paid so far. The petitioner is employed abroad, points out the learned counsel for the respondent/wife. I am satisfied that the petitioner is not entitled for any further indulgence of the court. The petitioner must now pay the entire amount due. 3. This petition is accordingly dismissed. The petitioner shall appear before the Family Court on 30/6/2008. If the petitioner makes substantial payment and prays for further time to make the balance payment, the learned Judge of the Family Court may consider such request on merits and take appropriate action. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Crl.M.C.No.1515/08 3 Crl.M.C.No.1515/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007