R M RAMACHANDRAN Vs. K RATHNAVALLI

JUDGEMENT

(1.) The petitioner, aggrieved by the concurrent direction issued to him under Section 125 Cr.P.C to pay maintenance @ Rs.350/- per mensem to his wife and Rs.250/- per mensem to his son, has come to this Court with a prayer to invoke the powers under Section 482 Cr.P.C.

(2.) Marriage is admitted. Paternity of the child is also admitted. It is also contended that the marriage has now been dissolved by an order of court. It is further submitted that as per an interim order passed by this Court in M.F.A No.239 of 2001, the child is now in the custody of the petitioner.

(3.) The claimants - mother and child went before the learned Magistrate with a petition under Section 125 Cr.P.C claiming maintenance. Only two contentions of relevance were raised. It was contended that the claimant/wife is residing separately without sufficient reason. Secondly it was contended that the quantum of maintenance claimed is excessive.