MALAYAIAH Vs. G S VASANTHA LAKSHMI

JUDGEMENT

(1.) This revision is by the husband questioning the legality and correctness of the order of' the District and Sessions Judge, Mandya dated August 7, 1993 in Cr.R.P. No.66(A)/91 arising out of the order dated April 1, 1991 in C.Mis, No.75/88 on the file of the learned Magistrate, Srirangapatna granting maintenance of Rs. 300/- per month to each one of three respondents with further direction that the amount awarded in favour of 1st respondent to be paid from April 1, 1991. Learned Magistrate had refused maintenance to the 1st respondent and had ordered maintenance at the rate of Rs. 250/- each for respondents 2 and 3.

(2.) I would refer to the parties hereinafter as they are arrayed in the original petition before the learned Magistrate.

(3.) Petitioners made an application under Sec. 125 of Cr. P.C. against the respondent praying for atleast a sum of Rs. 1500/- per month for their maintenance. It is undisputed that 1st petitioner G. S. Vasanthalakshmi and the respondent Malayaiah belonging to different communities married on April 12, 1981 and their marriage came to be registered in the office of the Registrar of Marriages at Mysore on April 25, 1981. They continued to live together for about 6 years after the marriage and during which time they had two daughters and they are petitioners 2 and 3. It is only thereafter the dispute arose since the husband suspected the fidelity of the 1st petitioner. It is also alleged that since then the husband having sufficient means neglected to maintain his wife and two daughters. Respondent resisted the application contending inter alia that on March 8, 1988 a mutual agreement was entered into between the husband and wife styled as "Agreement for divorce by consent" and since then they have agreed to live separately by mutual consent and therefore wife is not entitled for maintenance.