VENKATARAMANACHARY Vs. MANJULA AND KUM. JAYAPRADA

JUDGEMENT

(1.) THE petitioner has filed this petition challenging the orders of the Courts below awarding monthly interim maintenance of Rs. 1,000/ - each to the respondents herein. The respondents who are wife and daughter of the petitioner filed petition under Section 125 of Cr.P.C., before the learned Magistrate praying for awarding maintenance and in the said petition they filed interim application praying to grant interim maintenance on the ground that they have no source of income to maintain themselves. The petitioner -husband opposed the said application. The learned Trial Magistrate on considering the material before him came to the conclusion that the petitioner is capable of maintaining the respondents who are his wife and daughter and accordingly by his order dated 29.04.2008 awarded an interim maintenance of Rs. 1,000/ - each to them from the date of application till the date of the petition. Being aggrieved of the said order, the petitioner preferred Criminal Revision Petition before the Sessions Judge who also by his order dated 01.09.2009, dismissed the said revision confirming the order passed by the learned Magistrate. The petitioner being aggrieved of the said order is before this Court.

(2.) LEARNED counsel for the petitioner at the outset did not dispute the jural relationship between the parties. The only contention urged was that he is prepared to take back the wife and daughter and as he is a coolie, he is unable to pay maintenance as ordered by the Courts below.