This revision was filed on the complaint of one Mohanan Nair, made through the Superintendent of Central Prison Kannur, while undergoing sentence in execution of a maintenance order. He raised a legal question that he cannot be sentenced to undergo successive terms of imprisonment for default in making payment of maintenance for different periods. This legal question was referred to Division Bench and accordingly a batch of the revisions involving the very same legal issue was decided by the Division Bench of this Court on 18/11/2013. Answering the said legal question, the Division Bench held that it is not illegal to sentence a person who undergone successive terms of imprisonment for failure to pay maintenance amount for different periods. The Division Bench held that imprisonment undergone on a previous occasion is not a sufficient RP(FC).No.136 of 2011 2
cause to avoid further imprisonment for failure to pay maintenance during the subsequent periods. The revision petitioner has not raised any other question, legal or factual. In view of the legal position settled by the Division Bench of this Court, this revision is liable to be dismissed.
In the result, this revision petition is dismissed. Forward a copy of the order to the Superintendent of Central Prison, Kannur to serve with the Revision Petitioner.
Sd/-P.UBAID JUDGE MJL