IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 RPFC.No. 394 of 2009() ---------------------- AGAINST THE ORDER DATED 17/09/2008 IN CMP(EX)1095/08 IN MC.412/2006 of FAMILY COURT, MALAPPURAM .................... PETITIONER ------------------------ MANOJKUMAR.K., S/O.VELAYUDHAN, KUTTIYIL HOUSE, ANANGADI,KADALUNDI NAGARAM.P.O., MALAPPURAM DIST. C.NO.6581, CENTRAL PRISON, KANNUR. BY ADV. ADV.RAFEEKH. K.(STATE BRIEF) RESPONDENTS: RESPONDENTS -------------------------- 1. SREEBITHA.P.P., D/O.SREEDHARAN, POKKANAMKUZHIPURAY HOUSE, KARADU PARAMBU.P.O., MALAPPURAM DISTRICT. 2. SREEHARI (MINOR), REP., BY GUARDIAN 1ST RESPONDENT. ADV. SRI.P.VIJAYA BHANU FOR R1-2 SRI.P.VENUGOPAL (1086/92) FOR R1-2 THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------------------- R.P.(F.C).No.394 of 2009 ---------------------------------------- Dated this the 28th day of October, 2009 ORDER The revision petitioner is the respondent in CMP(Ex.)1095 of 2008 in M.C.No.412 of 2006 on the file of the Family Court, Malappuram. The respondents herein are the wife and the minor son of the revision petitioner. By order dated 7/12/2006 in M.C.No.412 of 2006 the respondents obtained an order of maintenance at the rate of Rs.1,700/- to the first respondent and at the rate of Rs.500/- to the second respondent under Section 125 of the Code of Criminal Procedure. Since the revision petitioner failed to pay the amount, the respondents 1 and 2 filed C.M.P.(Ex.)1095 of 2008 under Section 128 of Code of Criminal Procedure seeking an order for enforcement of the order of maintenance. There was arrears for more than 25 months. The revision petitioner failed to pay the amount. In the above circumstance, by the impugned order dated 17/9/2008 the revision petitioner was sentenced to undergo simple imprisonment for 20 months. Accordingly now he is undergoing imprisonment. While undergoing imprisonment this revision petition was filed through Superintendent of Central Jail, Kannur R.P.(F.C).No.394 of 2009 2 assailing the order sentencing the revision petitioner. 2. Heard the learned counsel for the revision petitioner and the respondents. The learned counsel for the revision petitioner submitted that since he is undergoing imprisonment he is not in a position to pay the amount. In the event he is released on bail he would make every attempt to pay maintenance as ordered by the trial court. Hoping that the revision petitioner would comply with the order of maintenance and on finding that he had undergone imprisonment for more than one year I find that the imprisonment already undergone would meet the ends of Justice. In the result this revision petition is allowed. The sentence of imprisonment is reduced to the period already undergone. The revision petitioner shall be released forthwith. P.S.GOPINATHAN, JUDGE skj.