LAKSHMIKUTTY AMMA Vs. BALAN PILLAI

JUDGEMENT

(1.) ETITIONER is the wife of respondent. She initiated proceedings u/s. 125 of the Code of Criminal Procedure claiming maintenance. Learned Magistrate by order dated 19-11-1983 allowed her application and directed respondent to pay maintenance at the rate of Rs. 100/- per month. Respondent challenged that order before the Sessions court. Learned Sessions Judge set aside that order and remanded the case to the trial court for fresh disposal. Therupon the learned Magistrate by order dated 19-12-1985 dismissed the pETITIONER's application for maintenance. PETITIONER took up the matter in revision before the Sessions Court. That court concurred with the decision of the trial court. There-upon she moved this court by filing Crl M. C. 720/87. By order dated 28-10-1988 this court set aside the order passed by the Learned Sessions judge and remanded the case to him for fresh disposal. By order dated 7-3-1989 the learned judge found the pETITIONER to be entitled to separate maintenance from respondent. Accordingly he was directed to pay maintenance at the rate of Rs. 75/- per month to the pETITIONER. Learned Sessions Judge further directed the order to be effective from the date of order, viz. , 7-3-1989. PETITIONER challenges the quantum fixed by the learned judge and also the direction that the order is to be effective from 7-3-1989.

(2.) THE order passed by the learned Sessions Judge awarding maintenance to the petitioner was challenged before this court by respondent in Criminal R. P. 522/89. This court by order dated 10-8-1989 dismissed that Revision petition and confirmed the order of the learned Sessions Judge.