IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 RPFC.No. 12 of 2010() --------------------- MC.441/2006 of FAMILY COURT, PALAKKAD .................... PETITIONER JAYAPRAKASH, AGED 30 YEARS, S/O.KUNJAN, KURUPPATHUPADI VEEDU, KAILIAYAD DESOM, KURUVATTUR AMSOM, OTTAPPALAM TALUK. BY ADV. SMT.ASHA P.KURIAKOSE(STATE BRIEF) RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS REV.PETITION (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = .R.P(F).C.No.12 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of March, 2010 ORDER In this revision preferred from Central Prison, Viyyur, the revision petitioner who was the counter petitioner in M.C.No.441 of 2006 on the file of the Family Court, Palakkad challenges the imprisonment ordered in execution by the Family Court, Palakkad in CMP No.1047 of 2008. As per the final order dated 15.3.2008 under Section 125 Cr.P.C in M.C.No.441/2006, which has become final the revision petitioner's monthly liability towards his wife and daughter is Rs.1750/- from 30.10.2004 onwards. Since the execution petition was filed within one year of the final order dated 15.3.2008, CMP filed claiming arrears for 44 months amounting to Rs.77,000/- was not barred by limitation in the light of the decision Narayanan v. State of Kerala ( 200891) KLT 852). The impugned order is passed after issuing distress warrant. R.P(F).C. No. 12/10 2 I do not find any illegality in the order passed by the Magistrate which has sentenced the revision petitioner to under go simple imprisonment for three years or till the payment of Rs.77,000/- whichever is earlier. This Crl.R.P. is accordingly dismissed. Dated this the 11 th day of March, 2010. V. RAMKUMAR, JUDGE sj