MOHAN DAS Vs. JAYANTHI

JUDGEMENT

(1.) A convict, who is undergoing the sentence of imprisonment on account of the default committed in paying the maintenance ordered under S.125 CrPC in MC No. 775 of 2007 by the Family Court, Malappuram has filed this revision petition. In fact, it has been sent from jail. As per order dated 21/12/2007 the said MC was allowed and the revision petitioner herein was directed to pay monthly maintenance at the rate of Rs.1,000/- to the first petitioner and Rs.500 each to petitioners 2 to 4 therein from the date of filing of the said MC and the first petitioner therein was authorised to receive / collect it. For enforcing the order of maintenance, the petitioners therein filed a petition under S.128 of the Code of Criminal Procedure. Subsequently, the respondent therein / the revision petitioner herein was arrested and was produced before the Court. He was sentenced to undergo imprisonment for one year as per the impugned order passed thereon.

(2.) As this petition has been sent from jail Adv. Jaishankar V. Nair has been appointed as the State Brief to conduct the case of the revision petitioner. Notice has been ordered to the respondents herein / petitioners therein. They entered appearance through counsel.

(3.) I have heard Adv. Jaishankar V. Nair, learned State Brief for the revision petitioner and also Adv. P. Shamsudeen, learned counsel for the respondents.