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Venkitachalam vs State Of Kerala

High Court Of Kerala|19 June, 2014
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JUDGMENT / ORDER

This revision was filed on the complaint of one Venkitachalam, made through the Superintendent of Central Prison, Viyyur, while undergoing sentence in enforcement of a maintenance order passed under Section 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 R.P(FC) No.279 of 2010 2 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.
In the result, this revision petition is dismissed.
Sd/- P.UBAID JUDGE //True Copy// P.A to Judge ab
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Title

Venkitachalam vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
19 June, 2014
Judges
  • Antony
  • P D Rajan
Advocates
  • Sri Bimal K Nath