A S N NAIR Vs. SULOCHANA

JUDGEMENT

(1.) THE revision petitioner was directed by the Chief Justice magistrate. Trichur in M. C. No. 18 of 1978 filed under Section 125 of the Code of Criminal Procedure (for short the Code) to pay monthly maintenance of Rs. 80/- per month to his wife, the respondent herein. This order is challenged now. THE revision petition came up for (consideration before one of us (Bhat, j.) and the matter was referred to a Division Bench as that appeared to be an apparent conflict between the decisions of two learned single Judges of this court on one of the points involved in this case.

(2.) THE revision petitioner (C. P. W. 1) married the respondent therein (P. W. 1) on 13-6-1971 in accordance with the customs of their community. Two children were born in the wed-lock. M. C. 11 of 1876 filed by the wife before the chief Judicial Magistrate, Trichur claiming maintenance from C. P. W. 1 under Section 125 of the Code, was allowed. In Crl. R. P. No. 55 of 1976 before the Sessions Judge, Trichur an officer made by the husband was considered and the was directed to reserve tickets within a period fixed by the court for the wife and children to go to Bangalore where he is employed. THE reservation was not made and the Crl. R. P. No. 55 of 1976 was dismissed. C. P. W. 1 filed Crl. M. P. No. 639 of 1977 before this Court under Section 482 of the Code. THE petition was disposed of, allowing C. P. W. 1 to take his wife nd children with him to Bangalore with a particular time. He took them to Bangalore and they lived together.

(3.) THE contention regarding living separately by mutual consent is based primarily on Exts. D-1 and D-2. Ext. D-1 bears P. W. 1's signature on revenue stamp and is dated 11-12-1977. In ext. D-1 P. W. 1 purports to state that monthly maintenance must be paid to the two children at the rate of Rs. 90/- till they attain the age of 18 years, that if the jewellery mentioned therein is returned and the maintenance amount due to the children is paid, she is prepared to have a divorce from her husband. Ext. D-2 is a registered marriage dissolution agreement signed by both parties on 12-12-1977. It recites that there were misunderstandings for some time, that they feel that if the marital tie is to continue it may lead to unfortunate consequences and therefore as per the document their marital tie is severed. It also recites that thereafter they will not have any mutual rights or obligations, financial or physical, that it is agreed that the children are to live with the wife and each of them is at liberty to marry again, that the financial and other accounts arising out of their martial tie have been settled, and in future neither has the right to ask or to demand accounts. THEre is a recital that the liability for maintaining the children has been separately settled.