THENNARASU Vs. MAHALAKSHMI @ MAHADEVI AND MINOR MATHUSURIYA

JUDGEMENT

(1.) The petitioner herein is the husband and father of the first and second respondents respectively. The learned Judicial Magistrate, Sankarankovil passed an order in M.C. No. 11 of 2007 on 31.12.2007, directing the petitioner to pay maintenance amount of Rs. 500/- to the first respondent and Rs. 250/- to the second respondent every month and the said maintenance amount to be paid from the date of the maintenance petition i.e. from 20.03.2007.

(2.) After the said order being passed the first respondent herein filed a petition in Cr.M.P. No. 93 of 2008 on 04.01.2008 for execution of the order under Section 128 Cr.P.C. In the said application, notice was ordered to the petitioner/respondent. But the respondent has not appeared before the Court. On 31.08.2009, the learned Judicial Magistrate passed an order, the petitioner has to pay the maintenance arrears amount of Rs. 6,750/- for the period from 20.03.2007 to 20.12.2007 for nine months, as it is due, imposing imprisonment on the petitioner herein for a period of one month. Aggrieved by the said order, the petitioner has preferred this revision.

(3.) The learned Counsel for the petitioner submits that the date of order passed in M.C. No. 11 of 2007 is on 31.12.2007 and the order was passed in Cr.M.P. No. 93 of 2008 on 31.08.2009 which is beyond the period of limitation of one year. The learned Judicial Magistrate had no jurisdiction to pass one month remand order on the petitioner as per Section 125(3) of Cr.P.C.