M RAMAKRISHNAN Vs. R MANJULA

JUDGEMENT

(1.) This Crl. R.C. has been filed by the husband against the maintenance awarded to the first Respondent-wife and her children, namely the second and third Respondents, i.e. Rs. 600/-to the first Respondent and Rs. 750/-each to the Respondents 2 and 3, by order dated 8.4.2008 in M.C. No. 45 of 2006 on the file of the Chief Judicial Magistrate's Court, Vellore.

(2.) The first Respondent-wife filed a petition claiming maintenance under Section 125 Code of Criminal Procedure, stating that the marriage between her and the revision Petitioner-husband, had been performed and out of their lawful wedlock, the children were born. Because of the ill-treatment of her husband, the wife was away from the matrimonial home and since the husband neglected to maintain his wife and children, she has come forward with the petition for 2 maintenance under Section 125 Code of Criminal Procedure

(3.) The Petitioner-husband resisted the maintenance petition by filing counter affidavit admitting the factum of marriage; the paternity of the second Respondent is also admitted; he disputed the paternity of the third Respondent and submitted that the wife left the matrimonial home and she gave birth to a child, namely the second Respondent and she never resumed the matrimonial home and after the convening of Panchayat, she resumed the matrimonial home on 7.9.2005 and then she left on 18.10.2005 and the third Respondent was born on 22.4.2006 and so, he disputed the paternity of the third Respondent and prayed for dismissal of the maintenance petition.