SAROJA Vs. V JANARDHANAN

JUDGEMENT

(1.) The revision petitioners are mother and child, who were affected by a decision of the Sessions Judge, Palakkad reversing the finding in M. C. No. 43/91 passed by the Additional Judicial First Class Magistrate, Palakkad. As per the order of the said Magistrate, the husband's application for cancellation of an earlier order for maintenance was dismissed; but the impact of the order of the Sessions Judge is that the maintenance granted in M. C. No. 27/81 is rendered unenforceable albeit with prospective effect.

(2.) More details: M. C. No. 27/81 was filed by the present revision petitioners before the Chief Judicial Magistrate's Court, Palakkad seeking maintenance for the wife and child. The court allowed maintenance to them at the rate of Rs. 180/- and Rs. 100/- per mensem respectively. O. P. No. 39/80 had been filed by the respondent herein seeking dissolution of marriage in the Sub Court, Palakkad and in I.A. No. 3265/80 order for permanent alimony had been sought for by the petitioners. When O. P. No. 39/80 was subsequently dismissed, the aforesaid I.A. seeking alimony was also dismissed stating that there was no evidence. The matter was taken up in appeal to the District Court, Palakkad through A. S. No. 144/81. The appeal was dismissed and that was the subject matter of S. A. No. 115/83 of this Court. On 3.10.1988 this court found that the orders impugned did not suffer from any material defect but taking into account the plight of the wife and child it was directed that a sum of Rs. 5,000/- should be deposited in the name of the child in three instalments and that the present respondent should also deposit Rs. 2,000/- in the name of the child every year.

(3.) After the aforesaid judgment was passed by this Court, the respondent filed M. C. No. 43/91 seeking cancellation of the earlier order directing maintenance passed in M. C. No. 27/81. This motion was under S.127(2) of the Cr.P.C. The learned Additional Judicial First Class Magistrate found that there was no justification for modifying the earlier order and accordingly dismissed the said petition. In revision, the learned Sessions Judge, Palakkad ordered on 31.3.1995 that the findings of the civil court are binding on the criminal court and that the impact of denying permanent alimony to the wife and child is that they are not entitled to maintenance under the criminal law also. Taking that view, the order of the Judicial First Class Magistrate was reversed and the order granting maintenance passed by the Chief Judicial Magistrate in M. C. No. 27/81 was cancelled.