MOHAMMED KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Convict No. 3993, Mohammedkutty is undergoing imprisonment in the Cannanore Central Prison as he does not pay maintenance to boy whom he does not recognise as his son. Behind bars, he realises that his detention is illegal. He has, therefore, sent a petition from the prison which has come up for disposal on the judicial side. This is thus treated as a revision under section 397 of the Code of Criminal Procedure.

(2.) In proceedings for maintenance under section 125 of the code, the petitioner disputed both the factum of marriage and also the paternity of the child. The Judicial Magistrate of the First Class, Kalpetta held that there was no marriage; but he is the father of the child and he was directed to pay maintenance to the child at the rate of Rs. 25 per month with effect from 24-6-81, the date of the application. This order was passed on 26-10.82.

(3.) He did not pay the amount and an execution application to realise the amount was filed on 28.3.1983. The Magistrate directed him to pay the arrears from 24.6.1981 to 28.3.1983, for a period of 21 months. On his refusal to pay steps were taken to recover the amount as fine. The Collector reported that there was no property to be attached and thereafter the Magistrate issued an arrest warrant. He was produced on 27.9.83 and he was again given a further opportunity to pay. He refused and asserted in Court that he would not pay. The Court, therefore, sentenced him to imprisonment for 21 months.