THILOTHAMA Vs. KUNJAPPAN

JUDGEMENT

(1.) In Crl. M. C. 46 of 1972, the petitioner obtained an order under S.125 of the Code of Criminal Procedure (for short 'the Code') directing the respondent, her husband, to pay maintenance to her and her child at the rate of Rs. 25/- and Rs. 10/- per month respectively. The maintenance amounts were increased to Rs. 50/- and Rs. 25/- per month respectively in M. C. 61 of 1975 filed by the petitioner. The respondent filed O. P. 21 of 1975 under S.14 of the Cochin Makkathayam Thiyya Act, 1115 for dissolution of the marriage. The Trial Court passed an order on 28-7-1976 dissolving the marriage and directing the respondent to pay compensation of Rs. 1,000/- to the petitioner under S.14 and 15 of that Act. In appeal, as seen in Ext. PI judgment, the first appellate court increased the quantum of compensation to Rs. 2,000/- on 9-6-1978. It appears, the amount due was paid on 14-3-1979. Thereafter, the respondent filed M. C. 14 of 1980 under S.127(3)(b)(ii) of the Code seeking cancellation of the prior maintenance order in favour of the petitioner. The learned Magistrate dismissed the petition but in revision, the Court of Sessions reversed the decision and allowing M. C. 14 of 1980. cancelled the earlier maintenance order in favour of the petitioner The result is the divorced wife is no longer entitled to claim maintenance though this does not affect her son.

(2.) S.13 to 15 of the Cochin Makkathayam Thiyya Act on which reliance is placed by the respondent read thus:

(3.) A person governed by the Act is entitled to secure an order of dissolution of marriage between himself or herself and the spouse. Where the person who seeks divorce is the husband, he has a statutory liability to pay reasonable compensation to the wife on divorce. What is reasonable compensation is a matter for decision for the appropriate Court after an enquiry into the position, means and circumstances of the parties. There is a statutory upper limit of Rs. 2,000/- for the quantum of compensation. It is thus seen that the amount which may be ordered to be paid by the matrimonial court and the amount actually paid in this case is compensation for the order of dissolution to be passed. S.13 to 15 of the Act do not indicate that considerations regarding the future maintenance of the divorced wife is a matter to be taken into consideration in fixing the compensation payable.