IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 RPFC.No. 266 of 2007() ------------------------------ AGAINST THE ORDER DATED 21/03/2007 IN CMP.196/2005 IN MC.196/2003 of THE FAMILY COURT, MALAPPURAM .................... REVISION PETITIONER/COUNTER PETITIONER: ------------------------------------- MELATH SAIDALAVI, S/O. MUHAMMED, MELATHU HOUSE, KARINKALLATHANI (P.O),PARAPANANGADI BY ADV. MR.T.K.AJITH KUMAR RESPONDENT(S): RESPONDENT/COMPLAINANT: -------------------------- 1. KEERI SUMAYYA, D/O. (LATE) ALAVI, PARAPPILPARA, VALILYORA, POST VENGARA, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. JASMIN (MINOR). 3. MUNEERA THASNIN (MINOR) (MINORS REPRESENTED BY THE MOTHER AND GUARDIAN, 1ST RESPONDENT). 4. STATE OF KERALA, REP. BY PUBLIC POSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 TO 3 BY ADVS.MR.T.K.SAIDALIKUTTY, MR.LAL K.JOSEPH, MR.A.A.ZIYAD RAHMAN, SMT.SHEENA SAMUEL. R4 BY PUBLIC PROSECUTOR MR.BENNY VARGHESE THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28/01/2010, ALONG WITH RPFC. NO.267 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.MA. NO.7211/2007 IN RPFC. NO.266/2007 DISMISSED 28/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... R.P.(F.C).Nos.266 & 267 OF 2007 ............................................. Dated this the 28th day of January, 2010. O R D E R RP(FC)No.266/2007 is filed against the order of the Family Court, Malappuram in CMP.No.196/2005 and the other case is filed against the order of the Family Court in CMP.No.1268/2006. In CMP.No.196/2005 the court below had found that there is a balance of Rs.26,250/= as arrears for 15 months and had sentenced the revision petitioner to undergo imprisonment for 12 months. In the other case it had found the arrear as Rs.23,500/= and had sentenced the revision petitioner to undergo imprisonment for 12 months. It is challenging these orders, the husband has come up in revisions before this Court. 2. I had perused CMP.Nos.196/2005 and 1268/2006. As per CMP.No.196/2005 a claim is made with respect to 15 months from 21.10.2003 to 20.1.2005. In CMP.No.1268/2006 the claim made is with respect to 12 months from 21.6.2005 to 20.6.2006. The order of maintenance was passed on 4.6.2003. The subject matter of CMP.196/2005 is relating to 15 months. It is not correct. : 2 : R.P.(F.C).Nos.266 & 267 OF 2007 One has to file an application for execution within the period of 12 months. When it is so, as the maintenance ordered to the wife is Rs.750/= and to the children is at Rs.500/- each, it will come to Rs.9000+12000 equivalent to 21,000/=. Similarly in CMP.No.1268/2006 the claim is for one year where the amount will also come to Rs.21,000/=. So, the total recoverable amount during the period is 42,000/=. By virtue an interim order in both theses cases, a direction is given to deposit Rs.5,000/= each and I am informed that it has been deposited. So, the balance would come to Rs.32,000/=. If the husband is really desirous of discharging the amount and avoiding going to Central Prison, I am inclined to give him some reasonable time for the reason that the wife and children will be satisfied if the amount is paid. 3. Therefore I give an opportunity to the revision petitioner in these cases to make the payment of Rs.32,000/= in six monthly instalments payable on or before 10th of every English month. If two consecutive defaults are made, then the petitioner is given liberty to move the family court for : 3 : R.P.(F.C).Nos.266 & 267 OF 2007 issuance of arrest warrant and the revision petitioner, in accordance with law, shall be sent to jail for non compliance and non payment of the maintenance ordered. The period to which the imprisonment shall be in case of default may be considered afresh by the family court considering the conduct of the revision petitioner. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : R.P.(F.C).Nos.266 & 267 OF 2007