IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 RPFC.No. 364 of 2008() ---------------------- AGAINST THE ORDER DATED 28/07/2007 IN CMP 655/2003 IN MC.3/1997 OF THE FAMILY COURT, KOZHIKODE. .................... PETITIONER ------------------------------ NAZAR, S/O. ABDUL RAHIMAN, C.NO.5161, CENTRAL PRISON, KANNUR BY ADV. . RESPONDENT(S): RESPONDENTS -------------------------- NAJEENA, D/O.SAJITHA, 7 YEARS, REP. BY SAJITHA,D/O.MOIDEEN KOYA HAJI, KOLLARUKANDI HOUSE, PANANGAD AMSOM, KINALUR DESOM. THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - R.P.F.C.No. 364 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2009 O R D E R The petitioner has preferred this revision petition through the prison authorities. He is undergoing sentence consequent to non-payment of maintenance due under Section 125 Cr.P.C. The petitioner was directed to pay maintenance at the rate of Rs.250/- p.m. to the claimant, his child, as per order in M.C. 3 of 1997. He did not pay the amount due at the rate of Rs.250/- p.m. for a period of 12 months, 9 months and 10 months respectively and consequently the child through its mother filed applications for execution as CMP Nos. 655 of 2003, 2132 of 2003 and 1420 of 2004. Later the amount of maintenance was enhanced to Rs.500/- He committed default in making payment for a period of 31 months at that rate. The child through its mother filed execution petition claiming the said amount also in CMP 1822 of 2007. 2. The learned Judge of the Family Court, taking note of the default in payment, sentenced the petitioner to undergo R.P.F.C.No. 364 of 2008 2 imprisonment for a period of 12 months, 9 months, 10 months and 12 months respectively in these applications. The learned Judge directed that the sentences shall run consecutively. 3. The petitioner has come to this Court to challenge the order passed and the sentence imposed on him. He was granted the assistance of a State Brief counsel. The counsel only submits that leniency may be shown and the sentence imposed may be modified and reduced. The learned counsel relies on the decision in Gopalakrishna Pillai v. District Superintendent of Police (2008 (3) KLT 80) and submits that merely because it is legal to impose the said sentence the maximum sentence need not have been imposed. I note that the petitioner has been remaining in custody from March, 2008. I am, in these circumstances, satisfied that a lenient view can be taken and the sentence imposed on the petitioner can be modified and reduced. 4. This revision petition is allowed. The sentence imposed on the petitioner is modified and reduced as follows: CMP 655 of 2003 - 6 months CMP 2132 of 2003 - 4 ½ months R.P.F.C.No. 364 of 2008 3 CMP 1420 of 2004 - 5 months CMP 1822 of 2007 - 6 months. Communicate the order to the Prison authorities forthwith as also to the Family Court, Kozhikode. (R. BASANT) Judge tm