POORANI ALIAS SHENBAGAPARVATHI Vs. RAMANATHAN

JUDGEMENT

(1.) Aggrieved by the order of the learned Judicial Magistrate, Ambasamudram dated 28.8.2000 made in Crl. M.P.No.1540 of 2000, allowing their petition partly, regarding disallowed period, they have filed the above revision before this Court.

(2.) Heard the learned counsel for the petitioners as well as the respondent.

(3.) There is no dispute that the petitioners, wife and minor children of the respondent herein filed M.C.No.18 of 1997 for maintenance from the respondent herein and obtained an order for payment of Rs.300/- (Rupees three hundred only) for the first petitioner and Rs.350/- (Rupees three hundred and fifty only) each for the petitioners 2 and 3. The said order was passed on 27.2.1998. The petition came to be filed on 1.10.1997. It is the case of the petitioners that in spite of the said order, since the respondent failed to pay the amount as ordered, they filed Crl.M.P.No.1540 of 2000 for appropriate direction. The learned Magistrate, Ambasamudram, after considering the date of the application, date of order and first proviso to sub-section (3) of Section 125 Cr.P.C., rejected their claim for the period from 1.10.1997 to December 1998 and granted direction for payment of Rs.12,000/- (Rupees twelve thousand only) towards maintenance for the period from April 1999 to March 2000.