ORDER :

The question regarding the maximum sentence that can be imposed under Section 125 (3) of the Code of Criminal Procedure, 1973, refuses to fade out despite repeated pronouncements made by this Court on the point.

2. The revision petitioner challenges the proceedings in M.P.(Ex) No.7/2023 of the Family Court, Kalpetta, sentencing him to undergo imprisonment for ten months on his failure to pay the arrears of maintenance allowance to the respondents for twenty eight months. The revision petitioner was the respondent, and the respondents were the applicants before the Family Court.

Relevant Facts:

3. The respondents – the wife and two children of the revision petitioner – had filed the execution application under Section 128 of the Code of Criminal Procedure (‘Code’ for short) to enforce the order dated 19.10.2022 in M.C No.21/2021 by directing the revision petitioner to pay the respondents arrears of monthly maintenance allowance @ Rs.4,000/-for the period from 12.03.2021 to 12.01.2023.

4. The revision petitioner has averred that he had appeared before the Family Court in the execution application and pleaded no means to pay arrears of maintenance. Even though he deposited Rs.