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CHACKO JOSEPH, S/O. JOSEPH versus LILLY THOMAS, D/O. THOMAS

High Court of Kerala

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CHACKO JOSEPH, S/O. JOSEPH v. LILLY THOMAS, D/O. THOMAS - Crl MC No. 2456 of 2007 [2007] RD-KL 14644 (1 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2456 of 2007()

1. CHACKO JOSEPH, S/O. JOSEPH,
... Petitioner

Vs

1. LILLY THOMAS, D/O. THOMAS,
... Respondent

2. ALBIN @ MUTHU (MINOR), S/O. JOSEPH,

3. STATE OF KERALA,

For Petitioner :SRI.C.A.CHACKO

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :01/08/2007

O R D E R

R. BASANT, J.


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Crl.M.C.No. 2456 of 2007
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Dated this the 1st day of August, 2007

O R D E R

The petitioner is the respondent, who has suffered an order under Section 125 Cr.P.C. to pay maintenance to his wife and child. The amount in arrears have now swelled to Rs.37,000'/- Execution has been taken out. The petitioner now realises that if he does not pay the amount, he will be sent to jail. He has therefore rushed to this court with this petition under Section 482 Cr.P.C.

2. What is the relief claimed? The learned counsel for the petitioner submits that the petitioner does not dispute the liability to pay the amount. Obviously he cannot dispute the liability. The counsel submits that if a breathing time is not given to the petitioner, the petitioner will have to suffer imprisonment which will not be beneficial to the claimants and will be detrimental to the petitioner.

3. Having considered all the relevant inputs, I do not find any reason to invoke the powers under Section 482 Cr.P.C. It is for the petitioner to appear before the Family Court, make substantial payment and request for further time to make the balance amount. I need only observe that if the petitioner undertakes and deposits an Crl.M.C.No. 2456 of 2007 2 amount of Rs.10,000/- within a week, half of the remaining amount within a further period of 15 days and the entire balance within another period of 30 days the learned Judge of the Family Court must consider his prayer for indulgence.

4. With the above observations this Crl.M.C. is dismissed. (R. BASANT) Judge tm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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