(1.) Petitioner is the husband of the first respondent and father of the second respondent. Respondents herein filed MC 37/1983 under S.125 of the Code of Criminal Procedure (for short the Code) before the Judicial Magistrate of the I Class, Kayamkulam claiming maintenance at the rates of Rs. 300/- and Rs. 200/- per month respectively from the petitioner on the ground that they have no means to maintain themselves and petitioner, though he has means, has neglected to maintain them. Learned Magistrate set the petitioner ex parte and on the basis of the evidence of the first respondent, examined as PW 1, ordered the petitioner to pay maintenance at the rates claimed from 2-7-1983 onwards.
(2.) Petitioner herein challenged the order by way of RP 30/1984 before the Sessions Court, Alleppey. Since the revision petition was filed belatedly, an application was filed for condonation of delay and the same was allowed. However, learned Sessions Judge dismissed the revision petition on the ground that no illegality or impropriety in the order of the learned Magistrate has been made out. This order is challenged in the present Crl. MC.
(3.) The learned single Judge before whom this case came up for consideration referred the same to a Division Bench. The reference order reads:
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