VENKATESH ALIAS PONSEKAR Vs. SIVANESHWARI

JUDGEMENT

(1.) The Petitioner/Husband has projected the instant Criminal Revision Petition as against the order dated 21/7/2011 in M.C.No. 29 of 2007 passed by the Learned Judicial Magistrate, Tiruchendur. The Learned Judicial Magistrate, Tiruchendur, while passing the order in M.C.No. 29 of 2007 on 21/7/2011 has inter alia observed that "the Respondent (Revision Petitioner) is running a provision store and in the said shop, he is selling Beedi, Cigarettes, Cool Drinks, Note Books, etc., and through this business, he is earning adequate income to pay the maintenance amount to the Petitioner (Respondent/Wife) and consequently, directed the Respondent/Husband (Revision Petitioner) to pay a sum of Rs. 2,000/- as monthly maintenance amount to the Petitioner/Wife (Respondent before this Court) and the said amount is to be paid either directly or through Court on or before 5th of every month.

(2.) Being dissatisfied with the order passed by the Learned Judicial Magistrate, Tiruchendur in M.C.No. 29 of 2007 dated 21/7/2011, the Revision Petitioner/Husband, as an aggrieved person has projected the present Criminal Revision Petition before this Court.

(3.) The Learned Counsel for the Petitioner/Husband, urges before this Court that the trial Court has failed to apply the ingredients of Section 125 of the Criminal Procedure Code to find out as to whether the Respondent/Wife is entitled to maintain her and failure to consider the same vitiates the order in entirety.