SHAHUL HAMEED Vs. JAMSHEERA

JUDGEMENT

(1.) The petitioner herein is the respondent in M.C.No.736 of 2013 on the file of the Family Court, Tirur. Respondent Nos.1 to 5 herein are his wife and four minor children.

(2.) It appears that by order dated 15.11.2014, the Family Court allowed the application filed by the claimants seeking maintenance and the petitioner herein was ordered to pay maintenance at the rate of Rs.3,000/- to the 1st respondent and Rs.1,000/- each to his minor children. Challenging the above order, he preferred R.P(FC) No.49 of 2015 before this court. The same was dismissed. Unquestionably, the order passed by the Family Court has become final.

(3.) According to the petitioner, he is an autorickshaw driver by profession and he met with an accident and suffered serious injuries. According to him, he has suffered 16% disability and is not in a position to work. While so, the claimants filed execution petitions for realization of the maintenance arrears. The Family Court by order dated 31.7.2017, came to the conclusion that the petitioner herein had defaulted 46 installments and he was ordered to undergo imprisonment for 460 days. By a separate order, finding that he had defaulted in paying the maintenance for 25 months, he was sentenced to undergo imprisonment for 250 days. The petitioner was sent to the Central Jail, Kannur. While undergoing his sentence as aforesaid, this petition is filed.