CHELLAPANDI Vs. POONGODI

JUDGEMENT

(1.) THE present Criminal Revision Case has been filed against the order of the learned Judicial Magistrate, Nilakkottai, directing the petitioner to pay a sum of Rs.3,000.00p.m.(Rs.1,000.00p.m. to each one of the respondents herein) as interim maintenance pending disposal of M.C.No. 3 of 2011, a petition filed under Section 125 of Cr.P.C.

(2.) THE first respondent is the wife and the respondents 2 and 3 are the minor children of the revision petitioner. The second and third respondents are aged about 5 years and four years respectively. Making clear averments that the first respondent/wife is not in a position to eke her livelihood to maintain herself and to maintain her children after they were deserted by the petitioner, who also neglected and refused to maintain them, prayer was made for an order directing the revision petitioner to pay maintenance at the rate of Rs.1000.00p.m. to each one of the respondents herein and also other amounts for other expenses.

(3.) THE learned Judicial Magistrate, Nilakkottai, after hearing both sides, came to the conclusion that the respondents herein were entitled to an order of interim maintenance as prayed for. Taking into account the prima facie nature of the case, the needs of the respondents herein and the earning capacity of both the parties, namely, the revision petitioner and the first respondent and the respective pleadings made in this regard, the learned Judicial Magistrate, Nilakkottai expressed the view that it was just to fix an amount of Rs.3000.00p.m.(Rs.1000.00p.m. to each one of the respondents herein) as interim maintenance, pending disposal of the above said Maintenance Case.