Court ruled that compliance with maintenance payment orders necessary for release from civil imprisonment.

JUDGMENT

The above original petition is filed with following prayers :

i. “To release the petitioner from the Civil prison on whatever conditions this Honorable Court deems fit;

ii. Call for the records in connection with the Exhibit-P1 Order and quash the proceedings initiated and quash the Exhibit-P1 Order as the same is illegal; AND iii. Such other relief, order, or decision which this Honorable Court may deem fit in the interest of justice and circumstances of the case.” [sic]

2. When this original petition came up for consideration before this Court on 14.03.2024, this Court passed the following order :

“Issue notice to the respondents by speed post.

In view of the first proviso to Section 125 (3) of the Cr.P.C ., if the petitioner deposits an amount of Rs.50,000/- towards the arrears of maintenance before the Family Court, Malappuram in M.C.No.285 of 2017, the Family Court shall release the petitioner immediately, after imposing appropriate conditions to ensure his presence before the court as and when required and also for continued payment of the interim maintenance.”

3. If the amount is deposited as directed above and the petitioner is released from the jail and if there is any balance of arrears of maintenance, the petitioner can approach the jurisdictional Family Court with appropriate application for getting instalment facility or time to deposit the arrears. If any such application is filed, the Family Court will consider the same, in accordance with law.

With the above observation, this original petition is disposed of.