LOKESH PARAMESWAR UCHIL Vs. LEKHA LOKESH UCHIL

JUDGEMENT

(1.) The order of Chief Judicial Magistrate, Kasaragod awarding maintenance to respondent and confirmed by the Sessions Court in revision is challenged in this Crl. Miscellaneous Case.

(2.) Respondent moved the Magistrate by M.C.No.22 of 1991 claiming maintenance at the rate of Rs.500/- per month alleging that petitioner who had married her on 28-12-1986 had left her at her house and had refused and neglected to maintain her. Petitioner resisted the claim on various grounds. He contended that respondent was a woman of weak intellect and the marriage was null and void for that reason. He further contended that an important ceremony, 'dhara ceremony', was not conducted and the marriage was thus void for that reason. He disclaimed liability to pay maintenance and questioned the correctness of the amount claimed. The Magistrate on an appreciation of the evidence on both sides found petitioner liable to pay maintenance and directed him to pay a sum of Rs.300/- per month. This amount was ordered to be paid from the date of the petition. The Sessions Court on revision agreed with the findings of the Magistrate and declined to interfere. Hence this Crl.M.C. under S.482 of Code of Criminal Procedure.

(3.) Heard counsel for petitioner.