PERIYASAMY Vs. LAKSHMI

JUDGEMENT

(1.) The petitioner is the husband of the respondent. On a petition in M.C.No.9 of 2007 filed by the respondent herein under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the learned Judicial Magistrate, Bhavani, Erode District passed an order directing the petitioner herein to pay a sum of Rs.1,000/- per month to the respondent herein as maintenance.

(2.) On the ground that the petitioner failed to pay the maintenance amount for 37 months, the respondent filed Crl.M.P.No.2971 of 2008 before the learned Magistrate under Section 128 of the Code for execution. On appearance, the respondent requested the learned Magistrate to grant time to pay the amount. Though time was granted, the petitioner did not pay the amount. Finally, the learned Magistrate by order dated 25.03.2009 imposed a sentence of 12 months of Rigorous Imprisonment. Challenging the same, the petitioner is now before this Court with this revision.

(3.) I have heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. I have also perused the records carefully.