RAVINDRAN NAIR Vs. SAKUNTHALA AMMA

JUDGEMENT

(1.) In this petition under S.482 of the Code of Criminal Procedure, 1973 (the 'new Code') the petitioner challenges the order of the learned Sessions Judge affirming in revision the order passed by the Trial Court under S.125 of the new Code whereby maintenance was ordered to be paid by the petitioner (whom I shall call "the husband") to the respondent (whom I shall call "the wife").

(2.) In earlier proceedings under S.488 of the Code of Criminal Procedure, 1898 (the 'old Code') maintenance to the children had been ordered by the court in terms of Ext. D2 divorce deed whereby the marriage between the parties was dissolved and maintenance for their children was stipulated. Ext. D2 had also stated that, in view of the agreement between the parties, the wife had no further claim against the husband. Under S.488 of the old Code the wife had no right to be maintained once she was divorced.

(3.) S.125 of the new Code provides for maintenance to the wife by the husband; and stipulates that the expression 'wife' includes a woman who has been divorced, but has not remarried. Sub-s.(4) of S.125 however provides: