MINOR KAVINILA Vs. C U SAMPATH

JUDGEMENT

(1.) Initially, the revision petitioners herein (Crl. R.C. No. 1490 of 2011) have filed maintenance case in M.C. No. 3 of 2004, on the file of Judicial Magistrate No. I, Tirupattur, Vellore District, under Section 125 of Cr.P.C., stating that the 1st petitioner namely Thendral Sampath wife of Sam-path, married the respondent on 2.9.1990 and gave birth to two male children and one female child out of wedlock. Due to difference of opinion, the wife of the respondent herein left the matrimonial home along with the three minor children on 14.7.2003. Thereafter, the above maintenance case has been filed and maintenance of a sum of Rs. 3,000/- for the 1st petitioner and Rs. 2,000/- to each of the 2nd and 3rd petitioners and Rs. 1,500/- for the 4th petitioner was claimed against the respondent. It was stated that the respondent is working in Southern Railway as Ticket Collector and earning considerable income. Besides this, he also gets multiple income by running Video coverage and Cable TV operation. The respondent/husband had filed counter statement and resisted the maintenance case on various grounds stating that he is getting a sum of Rs. 3,420/- after statutory deductions of his salary. The averments in the claim that he was running Video coverage and Cable TV operation was not admitted. The trial Court, after framing necessary issues and after recording evidence of both sides and on scrutinizing the exhibits marked by them, directed the respondent herein/husband to pay a monthly maintenance of a sum of Rs. 1,100/- to the 2nd petitioner namely Minor Iniyan; Rs. 900/- to the Minor daughter Kavinila; Rs. 500/- to the minor son namely Kathiravan and rejected the maintenance claim of the 1st petitioner, who is the wife of the respondent herein. The said order has been passed on 1.4.2005, in M.C. No. 3 of 2004.

(2.) Subsequently, the children of the respondent herein have filed C.M.P. No. 2947 of 2006, in M.C. No. 3 of 2004, for enhancement of compensation. Accordingly, the trial Court had directed the respondent to pay an additional maintenance of a sum of Rs. 400/- to the 1st petitioner/minor son, Rs. 200/- to the 2nd petitioner/minor daughter and Rs. 150/- to the 3rd petitioner/minor son. In total, the trial Court awarded additional maintenance of a sum of Rs. 750/- per month. Thereafter, the petitioners have filed another C.M.P. in C.M.P. No. 1033 of 2010 and claimed monthly maintenance of a sum of Rs. 8,000/- to the 1st petitioner, Rs. 7,500/- to the 2nd petitioner and Rs. 7,000/- to the 3rd petitioner, against their father/the respondent herein.

(3.) The respondent had filed counter statement stating that his net income after statutory deductions is meagre. After considering the averments made by both sides and after hearing arguments of the counsel on both sides, the trial Court directed the respondent to pay a monthly maintenance of a sum of Rs. 5,000/- to the 2nd minor daughter and Rs. 200/- for her educational expenses; Rs. 5,000/- to the 3rd minor son and Rs. 140/- for his educational expenses.