IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 RPFC.No. 126 of 2010() ---------------------- PETITIONER/PETITIONER (S): ------------------------------------------ V.K.HAMSA, 33 YEARS, C.NO.8012, CENTRAL PRISON, KANNUR. BY PARTY IN PRISON RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ZEENATH, 26 YEARS, D/O.ABDURAHIMAN, VADAKKUMPPADAM HOUSE, PULLIYIL.P.O., KARULAYI. 3. SALMA JASMIN, 7 YEARS (MINOR), D/O.ZEENATH, MINOR PETITIONER IS REPRESENTED BY GUARDIAN MOTHER 2ND RESPONDENT. BY ADVS. SRI.V.RAJENDRAN & P.SAMSUDIN FOR R2,3 SMT.REENA P.R., STATE BRIEF THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ami/ V.K.MOHANAN, J. ------------------------------- R.P.(F.C.) No.126 of 2010 ------------------------------- Dated this the 12th day of July, 2010. O R D E R The revision petitioner, who is the respondent in M.C.No.149/03, which is a procedure initiated by his wife and daughter u/s.125 of Cr.P.C. claiming maintenance, is undergoing imprisonment in pursuance to the order dated 28.12.2009 in C.M.P.(Ex) No.752/09 in M.C.No.149/03, of the Family Court, Malappuram. In this revision petition, he is challenging the above order of the Family Court, Malappuram. 2. As per the impugned order it is discernible that a sum of Rs.47,600/- is in arrears being the monthly maintenance for a total period of 34 months. According to the learned Magistrate the total default month will come to 68 months. 3. As per the order dated 5.3.2004 in M.C.No.149/03, the Family Court, Manjeri, directed the revision petitioner to pay the maintenance to the claimant @ Rs.2,000/- and Rs.1,000/- per month respectively. It appears that the above order was passed R.P.(F.C.) No.126 of 2010 2 in exparte but so far the said order is not set aside and the same is in force. Therefore, as long the order is in force, the revision petitioner is liable to pay the amount and if there is any arrears he has to face the consequence. Thus the petitioner is now undergoing imprisonment, in pursuance to the order dated 28.12.2009 of the Family Court, Malappuram, as the petitioner failed to pay maintenance. Therefore, I find no ground to interfere with the order issued by the Family Court, as such there is no merit in the revision petition and accordingly the same is dismissed. V.K.MOHANAN, Judge. ami/