UDAYASURIYAN Vs. LAKSHMI

JUDGEMENT

(1.) THE revision petitioner is the husband of the first respondent and the revision is directed against the order of Judicial Magistrate No.I, Gobichettipalayam (In-charge) sentencing the revision petitioner to undergo 12 months rigorous imprisonment for non-payment of the arrears of maintenance amount payable for 45 months towards the period from 6.1.1994 to 13.10.1997 as ordered in C.R.P.No.24 of 1997 on the file of the Second Additional Sessions Judge, Erode, as per order dated 6.7.1998.

(2.) THE first respondent herein is the wife of the revision petitioner and the second respondent herein is their son. First respondent for herself and on behalf of her minor son, the second respondent, filed M.C.No.1 of 1994 claiming maintenance at the rate of Rs.300/- per month to each of the respondents herein. THE maintenance petition in M.C.No.1 of 1994 was ordered on 13.8.1997 directing the revision petitioner to pay maintenance at Rs.300/- per month to each of the respondents, which order was modified by the Second Additional Sessions Judge, Erode as per order dated 6.7.1998 in C.R.P.No.24 of 1997 that the first respondent herein is entitled to Rs.300/- per month and the second respondent is entitled to Rs.250/- per month as maintenance from the revision petitioner and accordingly, till 13.10.1997, the revision petitioner is liable to pay Rs.13,500/- to the first respondent and Rs.11,250/- to the second respondent. Since the revision petitioner failed to pay the maintenance amount, the respondents herein filed C.M.P.No.2542 of 1997 for recovery of the maintenance arrears amount by sending the revision petitioner to jail. In that petition, though the revision petitioner entered appearance and took time to pay the maintenance arrears amount, he failed to pay the same, which made the Judicial Magistrate directing the revision petitioner to undergo 12 months rigorous imprisonment for non-payment of the arrears of maintenance of Rs.24,750/-. THE order is under challenge in this revision.

(3.) IN the result, this Criminal Revision Case is dismissed. The order dated 17.6.2003 and made in Crl.M.P.No.2542 of 1997 on the file of the Judicial Magistrate No.I, Gobichettipalayam(in-charge) is confirmed. The bail bond executed by the revision petitioner is cancelled. The Judicial Magistrate No.I, Gobichettipalayam is directed to secure the custody of the revision petitioner to undergo the remaining period of sentence.