P OCHU Vs. SELSA

JUDGEMENT

(1.) The above criminal original petition has been filed under Section 482 of the Code of Criminal Procedure praying to set aside the order dated 11.9.2001 made in M.C.No.9 of 2001 by the Court of Additional Judicial Magistrate, Usilampatti as confirmed by the order dated 1.10.2002 made in Criminal revision petition No.78 of 2001 by the Court of Additional Sessions Judge (Fast Track Court No.III), Madurai.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioner herein is the husband of the first respondent and father of the minor respondents 2 and 3; that the respondents herein filed a petition under Section 125 Cr.P.C. before the Court of Additional Judicial Magistrate, Usilampatti as against the petitioner herein for maintenance and the said Court having conducted a thorough enquiry into the matter, wherein on behalf of the respondents herein two witnesses were examined as P.Ws.1 and 2 for oral evidence and three documents were marked as Exs.A.1 to A.3 and on behalf of the petitioner herein, he examined himself as R.W.1 for oral evidence with no documentary evidence marked on his behalf, and appreciating the same the Court ordered a maintenance of a sum of Rs.500/= to each of the respondents. Aggrieved, the petitioner herein has filed a Criminal Revision Petition No.78 of 2001 before the Court of Additional Sessions Judge(Fast Track Court No.III), Madurai and the said Court also having dismissed the said revision thereby confirming the order of the trial Court, the petitioner has come forward to file the above criminal original petition on certain grounds as brought forth in the above criminal original petition.

(3.) During arguments, the learned counsel for the petitioner would submit that the quantum of maintenance awarded by the Courts below is huge and excessive and would pray to allow the above criminal original petition.