IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 RPFC.No. 105 of 2009 ------------------------------- CMP.520/2008 OF FAMILY COURT, PALAKKAD. .................... PETITIONER/ CR. PETITIONER: -------------------------------------------- ABDUL NAZAR, S/O.KUNHUMOIDU, PULAKKAL HOUSE, PULAKKAT, NELLAAYA, CHERPULASSERY, OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI, MR.R.SREEHARI RESPONDENTS: ----------------------- 1. SULAIKHA, D/O.MUHAMMED KULANGARA, MARAYAMANGALAM AMSOM, DESOM AND MARAYAMANGALAM POST, OTTAPALAM TALUK. 2. NAVAS, S/O.SULAIKHA (MINOR 12 YEARS). 3. NASIRA ,D/O.SULAIKHA (MINOR 9 YEARS) (MINORS 2ND AND 3RD ARE PRESENTED BY THEIR GUARDIAN AND MOTHER 1ST RESPONDENT SULAIKHA). 4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R4 BY GOVT. PLEADER MR. GIKKU JACOB. THIS REV.PETITION (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 30/03/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.(F.C).NO.105/2009: ORDER ON CRL.M.P. NO.3034/2009 IN RP(FC).NO.105/2009 DISMISSED 30/03/2009. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = R.P(F.C.) NO. 105 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of March, 2009. O R D E R This revision is preferred with a prayer to set aside the sentence to undergo imprisonment for three years or until payment of Rs.37,300/- by allowing this revision petition. The respondents had also entered appearance after notice. Respondents are not very keen on sending the revision petitioner to jail but what they want is the money for their livelihood. There is much force in that contention and now the revision petitioner also feels like complying with the orders of the Court but pleads his helplessness to wipe off the entire liability at one stretch. After hearing both sides and considering the materials I feel this is a fit case where the following orders can be passed. (1) If the petitioner deposits an amount of Rs.25,000/- before the Court below within a period of two months the petitioner shall be released from jail after the deposit. R.P(F.C.) NO. 105 OF 2009 -:2:- (2) For the balance payment of Rs.12,300/- a period of three months be granted from the date of release from jail and if that amount is not deposited within a period of three months he will be rearrested and send to jail for a period of nine months. The R.P.(F.C) is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-