MUGAPPA Vs. MUNIYAMMA

JUDGEMENT

(1.) THE revision filed against the order of the First Additional Sessions Judge passed in Crl. R. P. No. 21/1999.

(2.) THE petitioner is the husband of the respondent aged about 82 years. The wife filed an application Under Section 125 seeking maintenance in Crl. Mis. 37/ 1992 on the file of J. M. F. C. K. G. F. The Trial Court dismissed the petition. Being aggrieved, the respondent filed the revision before the Sessions Judge. In revision, the Sessions Judge set aside the order of the Trial court and directed the petitioner to pay maintenance of Rs. 5,000/- annually. Being aggrieved, the present revision is filed.

(3.) THE facts of the case reveal that as on the date of the petitioner before the Trial Court, the petitioner was aged about 60 years. The respondent was aged about 55 years. According to the cause title in this petition. According to the cause title in this petition, the petitioner is aged about 75 years. In evidence, it is said that the respondent herein admits that her age was 65 years as on the date of the evidence which is recorded six years after the filing of the case. That means to say she was aged about around 60 years. The parties are illiterates from rural area. Therefore the ages given cannot be taken with accurate precision. There are six children born out of the wedlock to the petitioner from respondent. All of them are employed and well placed in life. Out of them 3 are male and 3 are female. All of the female children are married and well settled, the male children are also married and well settled. One son is D. A. R. Police and another son is working as driver and third son is doing business and agriculture. The family possesses 4 acres of land. The Sessions Court also observes that the land is not being personally cultivated by the petitioner.