ISSAKKIMUTHU Vs. MALLIKA

JUDGEMENT

(1.) THE criminal revision has been preferred against the order, dated 28.10.2010 passed in M.C.No.2 of 2009 on the file of the learned District Munsif-cum-Judicial Magistrate, Vadipatti, Madurai District.

(2.) THE revision petitioner, aged about 63 years on the date of filing the revision is the husband of the respondent herein, who filed the maintenance case in M.C.No.2 of 2009 under Section 125 of the Code of Criminal Procedure, seeking maintenance. After contest, the Court below directed the revision petitioner herein to pay a monthly maintenance of Rs.1,000.00 to the respondent from the date of the order. Aggrieved by which, the petitioner has preferred this revision.

(3.) IT is not in dispute that the respondent herein is the divorced wife of the petitioner, on the date of filing the maintenance case. The respondent herein has stated that she could not maintain herself and on that ground, claimed a monthly maintenance of Rs.5,000.00 from the revision petitioner. The revision petitioner who was the respondent in the maintenance case has disputed the averments of the respondent that she could not maintain herself and further stated that the petitioner was working as mazon and was earning daily wage. However, due to his old age, he could not earn more for his livelihood.