This revision was filed on a complaint received from Central Prison, Kannur. The complainant is one Radhakrishnan, who has been undergoing sentence in execution of the maintenance order passed by the Family Court. His grievance is that he was sentenced to undergo different periods of sentence successively for different instances of default. He raised a legal question that such successive sentence is illegal.
2. The question of law raised by the revision petitioner is involved in some other revisions also. A batch of revision petitions was referred to Division Bench for answering the question of law. A Division Bench of this Court decided those revisions and decided the question of law by judgment dated 18.11.2013, that such successive terms of sentence for failure to make payment of maintenance for different periods is quite legal. The Division Bench held that imprisonment undergone on a previous occasion is not a sufficient cause to avoid further imprisonment for default during a subsequent period. In view of R.P(FC) No.27 of 2011 2 the decision of the Division Bench settling the legal issue, this revision is liable to be dismissed.
In the result, this revision is dismissed in view of the legal position settled by the Division Bench of this Court.
P.UBAID JUDGE ab