SUSHEELA Vs. KOMALAVALLY

JUDGEMENT

(1.) This R.P. has been filed against the order in M.C. No.117/95 of Munsiff (J.F.C.M.) Thaliparamba.

(2.) Revision petitioner is the daughter of the respondent. The respondent filed M.C. 117/95 on the file of J.F.C.M.Taliparamba against the petitioner for maintenance under S.125 Cr.P.C. The case of the petitioner in that case was that she was deserted by her husband and hence she was forced to live separately. She claimed maintenance at the rate of Rs.500/- per mouth. Petitioner who was the respondent in M.C. 117195 filed a counter stating that the petition is not maintainable as she is leading an immoral life and that she has been living separately from her husband for mow than a period of 13 years without any justifiable reason. Respondent was awarded Rs.175/- p.m. towards maintenance in another M.C. filed by her against her husband. Hence she prayed for the dismissal of the case.

(3.) Learned Magistrate after taking evidence awarded Rs.200 per month towards maintenance of the petitioner. Aggrieved by the said order the respondent has filed this R.P.