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2008 Supreme(Online)(KER) 32530

HIGH COURT OF KERALA
R.BASANT, J
K.P.ABOOBACKER, C.NO.5757, CP., KANNUR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.K.P. SUJESH KUMAR(STATE BRIEF)

O R D E R

This R.P.F.C has been filed by the petitioner who is undergoing imprisonment imposed on him under Section 125 (3) Cr.P.C for non-compliance with the direction to pay maintenance at the rate of Rs.2,000/- per mensum to the claimant, his wife.

2. The petitioner had suffered an order under Section

125 Cr.P.C obliging him to pay maintenance at the rate of Rs.2,000/- per mensum from 08/10/2003. That order was passed on 30/6/2004. He did not pay the amounts due and the claimant, his wife, filed Crl.M.P.No.1872/2004 on 24/12/2004 claiming an amount of Rs.28,000/- being the amount due for the period from 08/10/2003 to 07/12/2004 (14 months at the rate of Rs.2,000/-

per mensum = Rs.28,000/-).

3. She later filed Crl.M.P.No.1432/2007 in September

2007 claiming the amounts due as maintenance for the period from 08/09/2006 to 07/09/2007 (12 months at the rate of Rs.2,000/- per mensum = Rs.24,000/-).

4. The learned Judge of the Family Court after following the procedure prescribed by law proceeded to pass the impugned order imposing a sentence of 12 months each in these R.P.F.C.No.236/08 2 two petitions. The petitioner continues in custody from

25/1/2008, that is the date of the impugned orde

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