DEVAKI Vs. DEEDA S PUTRAN

JUDGEMENT

(1.) THE petitioner filed M. C. No. 148 of 1970 before the Additional First Class Magistrate Bangalore against her father the respondent, under Section 488 (3) Criminal Procedure Code, claiming arrears of maintenance at Rs. 20/ - per month in execution of the order in M. C. No. 27 of 1964 of that Court, dated 23.6.1965. Her claim was for the period 24.10.1969 to 23.11.1970. The respondent filed a written statement resisting the application. The learned Magistrate dismissed the application. In this Revision the petitioner assails that order.

(2.) THE only material we have is the petition dated 8.12.1970 and the written statement dated 17.3.1971. The petitioner did not seek to file a reply. Neither side desired to adduce evidence.

(3.) IN the petition, the age of the petitioner is not mentioned. It is also not stated that she is unable to maintain herself. In the respondent's written statement it is specifically alleged that the petitioner attained majority in about the year 1967, that she is an S. S. L. C. that she earns about Rs. 3/ - per day and is able to maintain herself and that she is a healthy person. These allegations remain un -controverted and it is essentially on the basis of these that the Court below dismissed the petition though erroneously stating that the order of maintenance is cancelled under Section 489 (2), Criminal Procedure Code