DIVYANATHAN Vs. JAYARANI

JUDGEMENT

(1.) These two revision petitions are filed against the order of the learned Judicial First Class Magistrate, Devakottai. in M.C. No. 166 of 1981, made under section 125, Criminal Procedure Code. On a petition filed by Jayarani (P.W. 1) under section 125. Criminal Procedure Code, before the learned Magistrate claiming maintenance for herself and here minor child Inbanathan from her husband Divyanathan (R.W.1) the Magistrate, rejecting the claim of P.W. 1on the ground she is not the wife of R.W. 1, awarded maintenance to Inbanathan.

(2.) Crl. R.C. No. 589 of 1982 is filed by R.W. 1 against the order making him liable to pay Rs. 75 per month as maintenance to the minor child. Crl.R.C. No. 774 of 1982 is filed by P.W. 1 against the order refusing to award maintenance to her and also to increase the maintenance amount to Rs. 100 per month to her minor child as claimed.

(3.) The relevant facts to dispose of these two petitions are as follows: P.W. 1 instituted a petition under section 125, Criminal Procedure Code, claiming that on 18th June, 1980, she married R.W. 1 in the Ayyanar temple in Attur village according to the suyamarya-dhai form of marriage. A child was born out of this wedlock. She claimed maintenance of Rs. 200 per month for herself and Rs. 100 per month for the child, as R.W. 1 refused to live with them, taking advantage of getting better offers to marry. R.W. 1 resisted the claim petition on the ground he was not married to P.W. 1 and the child born to her was not his.