MAMMUTTY Vs. BEEPATHUMMA

JUDGEMENT

(1.) THE short points that arise in this case are: (1) What can be a sufficient reason for a wife living in separation to refuse the company offered by her husband and to get an order for maintenance under Section 125 of the Criminal P. C, 1973 and (2) Whether an offer made by the husband to maintain his wife if she lives with him after the filing of the petition for maintenance, is a belated offer Mammutty, who was only short, of one for a hat-trick in divorce, marred Beepathumma. daughter of Assankutty. The matrimony was shortlived. After the first separation, they were united through mediation. But that was also soon followed by a separation,

(2.) BEEPATHUMMA approached the Chief Judicial Magistrate, Kozhikode, with a petition under Section 125 of the Criminal P. C. The husband Mammutty contested, He also offered to maintain Beepathumma if she was prepared to go and stay with him. The offer was rejected on the ground that she could not any more suffer the ill-treatment. The trial court allowed the petition and ordered maintenance at the rate of Rs. 60/- per month.

(3.) MAMMUTTY challenged the order before the Sessions Court, Kozhikode in a criminal revision. The learned Sessions Judge confirmed the order of the trial court and dismissed the revision. Mammutty who was unsuccessful before both the courts below has approached this Court with this petition under Section 482 of the Criminal P. C.