T P ASHRAF Vs. FOUSIA M

JUDGEMENT

(1.) Is rigid and ritualistic adherence to the law of pleadings necessary or justified in proceedings under Section 125, Cr.P.C. This is the relevant question thrown up for consideration in this revision petition directed against an order passed under Section 125 of the Cr.P.C. directing the petitioner to pay an amount of Rs. 2,000/- per mensem as maintenance to the claimant, his wife.

(2.) The marriage is admitted. Separate residence of the spouses is also admitted. That the petitioner has married again, while his marriage with the claimant-his wife subsists is also not disputed. That the petitioner was employed abroad at the time when the petition was filed is also not disputed at all. It is also brought to the notice of the Court that earlier an ex parte order directing payment of maintenance at the rate of Rs. 1,000/- per mensem was passed. That ex parte order was later set aside.

(3.) Before the Court below there was the evidence of the claimant as PW 1. The petitioner herein examined himself as RW 2 and a witness from the Sports Council of Calicut as RW-1. He proved Ext. A1 and Ext. XI, a certificate and photocopy of the Attendance Register of District Sports Council.