1. The petitioner in Crl.M.P.No.394/2013 in M.C.No349/2010 on the file of the Family Court, Palakkad is the revision petitioner herein. The revision petitioner filed an application for maintenance as M.C.No.349/2010 before the Family Court, Palakkad and that court by order dated 4.1.2013 allowed the application and directed the respondent herein to pay maintenance at the rate of Rs.3,000/- per month from the date of petition namely 21.10.2010. Since the respondent did not pay the amount, the petitioner filed Crl.M.P.No.394/2013 under Section 125 (3) of the Code of Criminal Procedure for execution of that order. The learned Magistrate passed the following order:

“Respondent arrested and produced, no payment, sent him to jail for 1 month.”

This order is being challenged by the petitioner by filing this revision petition.

2. The respondent appeared through counsel.

3. Heard both sides.

4. The counsel for the revision petitioner submitted that the court below was not justified in passing imprisonment for one month alone when the default is for more than 30 months.

5. The counsel for the respondent submitted that it is a discretionary order which cannot be interfered.

6. It is an adm