IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 RPFC.NO. 150 OF 2009() -------------------------------------- CMP.1258/2007 IN M.C. NO.210 OF 2006, FAMILY COURT PALAKKAD .................... PETITIONER - ACCUSED ------------------------------ APPUNNI, S/O.KRISHNAN, C.NO.7362, CENTRAL PRISON, VIYYUR, THRISSUR. BY ADV. SMT.AMINA BEEVI K.H.(STATE BRIEF) RESPONDENT(S) - PETITIONERS: ----------------------------------------- 1. YASODA, W/O. APPUNNI, AGED 40 YEARS, MAYYARAKODE, VILAYANOOR, ALATHUR 2. SATHEESH, S/O. APPUNNI, MINOR 15 YEARS OLD REPRESENTED BY MOTHER THE FIRST PETITIONER THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P(FC) NO.150 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of July, 2009 O R D E R -------------- This revision is in challenge of the order dated 27.2.2009 on C.M.P. No.1258 of 2007 in M.C. No.210 of 2006. Petitioner was ordered to pay maintenance to the respondents at the rate of Rs.750/- each per month from 26.11.2005 onwards. Execution petition was filed on 20.7.2007 claiming arrears of maintenance from 26.11.2005 to 20.7.2007. That petition was filed on time since petitioner was directed to pay maintenance as per order dated 30.12.2006. But he did not pay the amount. Distress warrant issued was unsuccessful. Hence non-bailable warrant was issued. Petitioner was arrested on 25.2.2009. He was not inclined to pay any amount. There is no illegality in the learned Judge, Family Court directing imprisonment of the petitioner. 2. It is stated in the memorandum of revision that petitioner was prepared to pay the amount in arrears in instalments. He was not given an opportunity to do so, it is contended. 3. Since petitioner has expressed his willingness to pay the amount in instalments, it is directed that if petitioner executed a bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for R.P(FC) No.150 of 2009 -: 2 :- the like sum each in the trial court undertaking to appear in the trial court and pay the amount in instlaments as may be fixed by the court below, the order of imprisonment against petitioner will stand set aside. If the petitioner did not comply with the above direction this revision will stand dismissed in confirmation of the order under challenge. 4. The Superintendent of Central Prison Viyyur is directed to cause production of the petitioner in the court below on 30.7.2009 at 10.30 a.m. Issue intimation to the Superintendent of Central Prison, Viyyur accordingly. Revision Petition is disposed of as above. THOMAS P.JOSEPH, JUDGE. vsv R.P(FC) No.150 of 2009 -: 3 :-