IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 9TH MARCH 2007 / 18TH PHALGUNA 1928 Crl.MC.No. 646 of 2007() ------------------------ CRRP.40/2005 of SESSIONS COURT, KASARAGOD .................... PETITIONER: REVN. PETITIONER/RESPONDENT -------------------------------------------------------------------- C.H.ABDUL HAMEED, AGED 38 YEARS, S/O. MUHAMMED KUNHI MUSLIYAR, CHEENAMMADAM HOUSE, ARANGAI, HOSDURG VILLAGE, KANHANGAD. BY ADV. SRI.P.K.IBRAHIM RESPONDENTS: RESPONDENTS/PETITIONERS ------------------------------------------------------------------ 1. C.H.SAFIYATH, AGED 32 YEARS, D/O. P.HASSAINAR, CHIRAMMAL HOUSE, MANNAMPURAM, NILESHWAR VILLAGE. 2. SHAFEEQUE C.H., AGED 15 YEARS, S/O. C.H.SAFIYATH. 3. SHABEEB C.H., AGED 11 YEARS, S/O. C.H.SAFIYATH, 4. SHARFUDDIN, AGED 7 1/2 YEARS, S/O. C.H.SAFIYATH, 5. SHUHAIB, AGED 6 1/2 YEARS, S/O. SAFIYATH, (RESPONDENTS 2 TO 5 MINORS REPRESENTED BY MOTHER 1ST RESPONDENT.) 6. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, KASARGOD. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ---------------------- Crl.M.C.No.646 of 2007 ---------------------------------------- Dated this the 9th day of March 2007 O R D E R The petitioner has suffered an order under Section 125 Cr.P.C which has now become final whereunder he is obliged to pay an amount of Rs.4,000/- (Rs.1,000 X 4) as monthly maintenance to his four children. He has been saved of the obligation to pay maintenance to his wife. The amounts are payable from 16/06/2003 and as on date, there is an amount of about Rs.1,80,000/- (Rupees one lakh eighty thousand only) payable under the order passed under Section 125 Cr.P.C. The petitioner was not available in India. According to the petitioner, he had gone abroad. But he was taken to prison there in a traffic accident. He has now been released. He has reached India on 01/03/2007. A warrant of arrest issued by the learned Magistrate is waiting for him in India. He, in these circumstances, prays that he may be given breathing time to raise the amount, to appear before the learned Magistrate and to make his submissions. In the meantime, he may not be remanded in custody. This, in short, is the prayer made by the learned counsel for the petitioner. Crl.M.C.No.646/07 2 2. The learned counsel for the petitioner submits that the property of the petitioner is already under attachment in execution of the order passed. The learned counsel for the petitioner submits that he is willing to arrive at a settlement. He is prepared to negotiate with the claimants and to assign his property in their favour or in the alternative attempt to dispose of that property to raise the requisite amount for discharge of the entire liability. He only wants sometime to put across the proposals to the claimants and to the learned Magistrate. 3. The delay in payment is gross. The plight of the claimants aged between 3 1/2 to 12 years does appear to me to be pitiable. But all the same I am satisfied that the petitioner can be granted breathing time to put across his proposals to the claimants and also to the learned Magistrate and seek appropriate orders. But for this indulgence, the petitioner will certainly have to show his bona fides for making part payment of the amount due. 4. Considering the nature of the relief which I propose to grant to the petitioner, I am satisfied that it is not necessary to wait any longer for issue and return of notice to the respondents. Appropriate directions can be issued in the interests of justice. Crl.M.C.No.646/07 3 5. This Criminal Miscellaneous Case is, in these circumstances, allowed in part. Following directions are issued: i) The petitioner shall not dispose of any property of his without the prior permission of the learned Magistrate until further orders. ii) The petitioner shall appear before the learned Magistrate on 07/04/2007. He shall pay/deposit an amount of Rs.25,000/- (Rupees twenty five thousand only) on or before that day towards the arrears of maintenance payable. Iii) He shall be at liberty to make all his submissions before the learned Magistrate and also to negotiate with the claimants for an amicable settlement. The learned Magistrate must consider all his submissions and pass appropriate orders, as expeditiously thereafter - at any rate, within a period of forty five days from 07/04/2007. iv) All proceedings in execution shall stand stayed till 07/04/2007. The attachment which is already effected, needless to say, shall continue to remain in force subject to orders which may be passed by the learned Magistrate. (R.BASANT, JUDGE) jsr Crl.M.C.No.646/07 4 Crl.M.C.No.646/07 5 R.BASANT, J C.R.R.P.No. ORDER 21ST DAY OF JULY 2006