PATHUMMA Vs. MUHAMMAD

JUDGEMENT

(1.) These two appeals by special leave have been preferred by the appellants against the judgment of the High Court of Kerala dismissing the Criminal Revision Petition of the appellants and allowing that of the respondent, both arising out of a proceeding under S. 125 of the Criminal P. C. instituted by the appellants.

(2.) The appellants filed an application before the Judicial Magistrate, First Class, Pattambi, under S. 125 of the Criminal P. C. The said application was numbered as M. C. No. 5 of the 1978. In the application, it was alleged that the respondent married the appellant No. 1, Pathumma, 6 years ago as per Muslim rites and the respondent resided with her as husband and wife. When she was carrying two months, she was taken to her father's house by the respondent. Thereafter, the respondent left her there and did not enquire about her. Subsequently, the respondent divorced her without, however, making any payment to her of any Mahar or other compensation. It was further alleged that the appellant No. 2, Sulekha, a minor daughter, was born out of the wedlock. The appellants had no means of livelihood and accordingly, they claimed maintenance respectively at the rate of Rs. 100/- and Rs. 50/- per month from the respondent. The application was opposed by the respondent. The case of the respondent was that he never married the appellant No. 1, and that the appellant No. 2 was not his child, legitimate or illegitimate.

(3.) The learned Magistrate by his order dated March 24, 1979 came to the finding that the marriage of the respondent with the appellant No. 1, as alleged, was not proved and, as such, the appellant No. 1 was not the wife of the respondent. The learned Magistrate, however, held that the appellant No. 2 was the illegitimate child of the respondent. In that view of the matter, the learned Magistrate directed the respondent to pay maintenance to the appellant No. 2 at the rate of Rs. 25/- per month from the date of the application under S. 125, Cri. P.C.