Paralytic brought to HC in handcuffs,in maintenance case

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A jailed husband did what no one has ever done in the high court of Karnataka. Mohammed Khaleel sat on the floor in the courtroom of Justice K N Keshavanarayana because a paralytic stroke had left him unable to stand for more than a few minutes at a time.

He has spent the last four months in prison for his failure to pay maintenance to his wife. On Wednesday, prison authorities brought Khaleel to court for a hearing.

His counsel, G K Mohan Krishna, who is also the Central government standing counsel, said, “He is not in a condition to stand upright even for a few minutes, let alone run away. But, I came to know that he was brought in handcuffs.”
Within minutes of entering the court, Khaleel requested permission to sit down. Since all the seats were taken, the court officer told him to sit beside the book racks. Khaleel sat down while the constable accompanying him continued to stand guard.

Khaleel's counsel told the court that he was having a difficult time in prison as he had been put up in the regular barracks despite his physical disabilities — the right side of his body is paralysed.

The court said it would pass an order after the lunch recess. But, that was not to happen, as the court wanted to hear Khaleel's wife's version before arriving at a conclusion. Khaleel has to wait for the summer vacation to end in the high court before hearing in his case resumes.


CASE HISTORY
In March 2010, Mohammed Khaleel, 45, had been ordered by a court to pay Rs 10,000 per month to wife Noor Mohsina, 27, as maintenance and Rs 5,000 a compensation. However, Noor demanded Rs 30,000 per month stating that Khaleel earned Rs 80,000 per month from his vehicle hiring business.

Khaleel appealed in a fast track court, which reduced the maintenance to Rs 5,000 per month.

However, Khaleel suffered a paralytic stroke after the separation from his wife. It left him unfit for work and he failed to pay the monthly maintenance.

As a result, he was sent to Parappana Agrahara prison on January 3, 2011. He has challenged the order of the lower court in the high court of Karnataka.

His s advocate Mohan Krishna said, “The lower courts had not discussed the ailment part of the issue. We are hopeful of convincing the high court that his condition makes it impossible for him to be in prison.”

Speaking to Bangalore Mirror outside the court, Khaleel said, “My ailment is a major source of trouble in prison. It is nearly impossible to be there with such a condition. Even when I was outside, I was unable to earn for the last three years because of my health condition. My mother is taking care of my needs and those of my two children.”

His mother would visit the prison every week to give him his medicines. On Wednesday, she saw her son outside prison for the first time in months.