M KALIYA PERUMAL Vs. LAKSHMI

JUDGEMENT

(1.) This appeal is, against the order of maintenance filed by the husband.

(2.) The first respondent is the wife. Second respondent is the minor daughter. On the perusal of the records, it is seen that the first respondent filed an application under Section 125 Cr.P.C. in M.C.10 of 1985 before the Sub-Divisional Magistrate Court, Ariyalur and that was dismissed by the Magistrate on the ground that H.M.O.P.43 of 1985 was filed by the appellant herein for restitution of conjugal rights against the first respondent herein and that ex parte order was passed on 30.1.1986. Since the decree for restitutiton of conjugal rights was in force, the learned Magistrate did not grant maintenance and hence dismissed the same. Thereafter, O.S.449 of 1986 has been filed for seeking maintenance and the trial Court awarded Rs.150/- as maintenance for the wife and Rs.100/- for the minor daughter. On appeal, the first Appellate Court confirmed the same. Against this, the second appeal has been filed by the husband.

(3.) The substantial questions of law framed is as follows: