High CourtsDivision Bench(2014) 06 KL CK 0148

P. Sulaiman vs State of Kerala

High Court Of Kerala · Decided on 27 June 2014

HON’BLE JUDGES
P.D. Rajan, J · Antony Dominic, J
RESULT
Dismissed
CASE NUMBER
RPFC. No. 61 of 2011

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Judgment

2 paragraphs · 214 words
1.

This revision was filed on the complaint of one P. Sulaiman, made through the Superintendent of Central Prison, Kannur, while undergoing sentence in enforcement of a maintenance order passed u/s 125 Cr.P.C. His grievance is that he was sentenced to undergo successive terms of imprisonment for different instances of default. This is raised as a legal question by him, and he contends that it would be illegal to sentence a defaulter to undergo imprisonment for successive terms. This legal question involved in so many matters was referred to Division Bench. A Division Bench of this Court considered and heard a batch of revision petitions including this revision, and decided the said legal question. By order dated 18.11.2013 the Division Bench held that it is not illegal to sentence a defaulter to undergo successive terms of imprisonment for different instances of default in making payment of maintenance. The Division Bench held that imprisonment undergone on a previous occasion is not a sufficient cause to avoid further imprisonment for default in making payment of maintenance for a subsequent period. In view of this legal position settled by the Division Bench, this revision is liable to be dismissed. The revision petitioner has no other grievance on facts.

2.

In the result, this revision petition is dismissed.