SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 17097

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Dr, Kauser Edappagath, J
THASLEEM – Appellant
Versus
STATE OF KERALA – Respondent
RPFC 10/2025



Advocates:
For the Appellants/Petitioners: SUNIL KUMAR, A.G. GEORGE, MATHEW K.T., GEORGE K.V.
For the Respondents: SRI.M.P. PRASANTH, PP

A failure to comply with maintenance order leads to imprisonment; non-bailable warrants can be issued for non-payment.

Headnote:This revision petition challenges the order of maintenance whereby the petitioner was sentenced to civil imprisonment for non-payment of maintenance dues. The petitioner must mobilize funds to pay the arrears after partial payment was made. The court directed the issuance of a non-bailable warrant for the petitioner’s arrest if the payments are not made. "The revision petition is disposed of as above."

Table of Content
1. petitioner faces civil imprisonment for failing to pay maintenance. (Para 2)
2. counsel indicates lack of compliance from the petitioner. (Para 3)
3. court directs issuance of non-bailable warrants for non-payment. (Para 4)

ORDER

This revision petition has been filed challenging Annexure A2 order of maintenance passed by the Family Court, Malappuram in Crl.M.P.(Exe) No. 432 of 2023 in M.C.No. 400 of 2013, by which the petitioner was sentenced to imprisonment in Civil Prison for a period of 1260 days for non-payment of maintenance award passed against him. 2. As per the direction of this Court, the petitioner deposited Rs.40,000/- towards the maintenance arrears due. On such payment the petitioner was released from the jail. However, he was directed to mobilize the funds to pay the balance arrears of maintenance.

3. I have heard Sri.A.G.Sunil Kumar, the learned counsel for the petitioner and Sri.M.P.Prasanth, the learned Public Prosecutor.

4. The learned counsel for the petitioner submits that there is no response from the petitioner. The petitioner is not present also. The learned counsel submitted that he is relinquishing the vakalath. After getting a release order by paying a partial sum of Rs.40,000/-, the petitioner failed to comply with the direction of this Court to find out a way to mobilize the funds. Hence, the Family Court, Malappuram is directed to issue Non-Bailable Warrant against the petitioner, arrest him and send him to Civil Prison to undergo the balance period of imprisonment.

The revision petition is disposed of as above.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top