APPUKUTTAN Vs. SAVITHRI

JUDGEMENT

(1.) The revision petitioner, sentenced by the learned Additional First Class Magistrate, Nedumangad, for simple imprisonment for three months under S.488(3) of the Code of Criminal Procedure, as per the order in each of the two petitions filed by the respondent herein, who is the wife of the revision petitioner, for executing an order of maintenance under S.488(1) Cr. P. C. obtained by her against the husband, challenges the validity of those orders in this revision.

(2.) Sri. B. Raghunathan, the learned counsel for the revision petitioner, submits that the impugned orders are neither in accordance with the provisions of S.488 Cr. P. C. nor in tune with the well accepted principles of natural justice.

(3.) It is not in dispute that the court had directed the revision petitioner who is stated to be a N. M. R. worker to pay maintenance to bis wife (respondent herein). The respondent had filed C. M. P. No. 873 of 1972 dated 29-5-1972 and C. M. P. No. 607 of 1973 dated 15-6-1973 claiming arrears of maintenance, for the period from 11-4-1971 to 11-5-1972 and 11-6-1972 to 11-4-1973 from the revision petitioner. In pursuance of the non bailable warrant issued by the Additional First Class Magistrate, the revision petitioner was produced in court on 28-6-1973. By separate orders in the said petitions referred to above, the Magistrate sentenced the revision petitioner to undergo simple imprisonment for three months for failure to pay maintenance for the respective periods, on the further condition that the term of imprisonment would come to an end if payment is made earlier as provided under S.488 (3) Cr. P. C.