ABDULRAHIMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A convict, who is undergoing sentence, imposed on default of payment of maintenance ordered under S. 125 of the Code of Criminal Procedure (for short "the Code"), has sent a petition from jail challenging the punishment imposed against him on two applications moved by the claimants/respondents, his wife and children. Orders in C.M.P. No. 22/08 and 1443/10 passed by the learned Judge, Family Court, Kasaragod imposing sentence of imprisonment against the petitioner, for the terms fixed thereunder, are challenged in this petition. Petition sent by him has been numbered as a revision as aforesaid.

(2.) Since the petition has been sent from jail, I have appointed Advocate Smt. Leela to assist the court. Notice was ordered to be served on the counsel, who appeared for the respondents in the Family Court, directing service through that court. Such service has been effected as seen from the report of the Judge of the Family Court, but the respondents have not entered appearance.

(3.) Revision petitioner has been directed to pay maintenance to the respondents his wife and children, at different rates, which together come to ' 1,900/- per month. On the applications moved by the respondents stating that the amount due has not been paid, the court below (Family Court, Kasargod) has sentenced him to imprisonment. For the amount due towards the period specified in C.M.P. No. 22/08 he has been sentenced to undergo imprisonment for 10 months. Under the order passed in C.M.P. No. 1443/10 sentence of imprisonment imposed extends to a period of 19 months, as the arrears covered by that proceedings are stated to be for a period of 19 months.