NARAYANAN NAIR Vs. KATHIYAYINI

JUDGEMENT

(1.) THIS is a revision petition filed by the husband of the respondent against the order of the V Additional Sessions Judge, Madras, awarding maintenance of Rs. 100 per mensem from the date of the petition.

(2.) THE respondent Karthiyayini filed an application under section 125 of the Code of Criminal Procedure, against the revision petitioner husband for maintenance alleging that they were married on 1st June, 1959, that they have four children and that she was driven out from the marital house on 12th May, 1979. She further stated that her husband is drawing a salary of Rs. 900 per mensem in a company and therefore claimed a sum of Rs. 300 as maintenance.

(3.) ON these contentions, the learned Magistrate found that the wife had committed adultery and therefore, was disqualified to claim maintenance. Consequently, the application was dismissed.