C. P. DIVAKARAN Vs. SUBHADRA

JUDGEMENT

(1.) In this revision filed under S.397 read with S.401 CrPC the revision petitioner, who was the counter petitioner in MC No. 27/1994 on the file of JFCM, Mavelikkara, challenges the orders concurrently passed by the Courts below directing him to pay maintenance to respondents 1 and 2, who are the wife and child of the revision petitioner. While the quantum of maintenance fixed by the Magistrate was Rs.150/- per month to the wife and Rs.100/- per month to the child, in a revision at the instance of the respondents the Additional Sessions Judge II, Mavelikkara in Crl RP No. 85/1995 enhanced the quantum of maintenance to the wife and child at the rate of Rs.500/- and Rs.200/- per month respectively. It is the said order which is assailed in this revision.

(2.) The marriage between the revision petitioner and the 1st respondent was on 10/02/1991. The second respondent was born on 05/10/1991. According to the wife, after the birth of the child, the husband started behaving cruelly towards her after consuming alcohol and demanding more dowry. He used to question his paternity over the child. She alleged that her husband was employed in the government ferry service. He had refused to cohabit with the wife on the allegation that the child was not his. He filed HMAOP No. 89/1991 before the Sub Court, Mavelikkara, for declaring the marriage with the 1st respondent null and void on the ground that she was pregnant on the date of marriage. The wife and daughter claimed maintenance at the rate of Rs.500/- and Rs.200/- per month.

(3.) The application for maintenance was resisted by the revision petitioner contending inter alia as follows: