RAMACHANDRAN NAIR Vs. VANAJA

JUDGEMENT

(1.) The petitioner has suffered an order under Section 125 Cr.P.C to pay maintenance to the respondents. The amount due has not been paid obliging the claimants to approach the Family Court for execution. Steps in execution are in progress. The amount due has not been paid in full so far. The petitioner prayed for instalment facility. The court below was not pleased to grant the same. The said request was rejected by the impugned order.

(2.) The learned counsel for the petitioner submits that the petitioner is a person, aged above 60 years. If instalment facility is not granted, the petitioner will be obliged to go to prison in execution of the warrant of arrest issued against him. In the circumstances, the learned counsel for the petitioner prays that leniency may be shown and instalment facility may be offered to the petitioner.

(3.) We are unable to accept the request. In a claim for maintenance under Section 125 Cr.P.C, we find no merit in the prayer for instalment facility for payment of the amount due. The petitioner must discharge the liability expeditiously. No instalment facility deserves to be granted. The rejection of the prayer for instalment facility is thus found to be absolutely justified.