MUHAMMED SAGEER Vs. FATHIMA

JUDGEMENT

(1.) THE petitioner in this revision petition assails a direction under Section 125 Cr. P. C. directing him to pay maintenance to his wife and minor child.

(2.) MARRIAGE, paternity and separate residence of the spouses are all admitted. That the petitioner has married again is also not disputed. That the claimants are unable to maintain themselves is not seriously challenged. The learned Judge of the Family Court, on an anxious consideration of the rival contentions in the light of the evidence adduced, came to the conclusion that the petitioner is liable to pay maintenance to the claimants. Accordingly the court proceeded to pass the impugned order.

(3.) THE quantum of maintenance fixed does also appear to be absolutely reasonable. Needless to say, if the petitioner has a case that the impugned order is liable to be vacated by reason of any subsequent divorce, it shall be open to the petitioner to move the court below to invoke the powers under Section 127 Cr. P. C. to modify/vacate the impugned order passed under Section 125 Cr. P.C.