KADAVRUGU BHOOMAIAH Vs. K KALAVATI

JUDGEMENT

(1.) THE petitioner against whom an order under Section 488 Cr. P. C. was passed directing him to pay maintenance at the rate of Rs. 15/- to the daughter and Rs. 12/- for the son per month and who had not paid the amount for a period of 27 months thereafter was sentenced to undergo imprisonment for 12 months on a petition for execution filed by the wife and children taking into consideration the arrears of maintenance due for a period of 12 months immediately prior to the filing of the petition amounting to Rs. 324/- with a direction for his release whenever he pays the amount within that period of one year. THE husband filed a revision before the Sessions Judge contending that no provision was made in the order for remitting the sentence in proportion to the amount to be paid by him. This petition was dismissed. Hence this Petition.

(2.) SECTION 488 (3) provides that arrears of maintenance shall be collected as if it is fine due and for nonpayment the person concerned may be sentenced for the whole or any part of the amount of each month's allowance remaining unpaid. SECTION 69 IPC and the illustration given thereunder clearly snow that in cases of sentences in deiault of payment of fine, there shall be a remission of the sentence in proportion to the fine paid at whatever time it be while undergoing the indefault. sentence. Therefore there is no need to mention the same in the order of the court as this is a right given under the statute. The petitioner is entitled to a remission in proportion to the amount paid by him at any time before the expiry of the sentence, As stated by the Sessions Judge, even at the time of hearing the revision before him, the husband was not prepared to pay any amount towards arrears thereby showing want of bona fides on his part. Therefore he rightly held that the petition had been filed only to delay the proceedings. I see no merit in this (petition) revision petition and it is accordingly discissed.