C SOOSAI NAYAGAM Vs. PUSHPA RITHA

JUDGEMENT

(1.) THE first respondent for herself and on behalf of her minor children, respondents 2 to 5, filed a petition under Sec.125, Cr.P.C, in M.C.No.1 of 1984, Judicial Magistrate's Court, Kuzhithurai, claiming maintenance from the petitioner on the ground that because of unbearable cruelty meted out to her, she was unable to live in the matrimonial abode and on and from 16.9.1979 she was living with her mother along with her children. THE petitioner/husband resisted the petition.

(2.) THE trial Magistrate, on consideration of the materials placed before him, recorded a finding that the first respondent was entitled to live separately and consequently awarded maintenance of Rs. 100 to the first respondent and Rs.75 to each of respondents 2 to 5 every month on and from 25.2.1984, the date of petition. Aggrieved by the order, the petitioner preferred Crl.R.P.No.22 of 1986 before the Court of Session, Kanyakumari at Nagercoil. Learned Sessions Judge, on consideration of the materials on record and on hearing both sides, dismissed the revision, confirming the order of the trial Magistrate, thus giving rise to the present action.

(3.) LEARNED counsel for the respondents would however repel such submissions and contend that the petition, as filed, is not maintainable, since the power of revision available to the petitioner had been exercised and there cannot be any further revision, under the facade of a petition under Sec.482, Cr.P.C.