KAMALIA BIVI Vs. FAKKIR MOHAMMED

JUDGEMENT

(1.) This revision filed under Sections 397 and 401 of the Code of Criminal Procedure is directed against the judgment rendered by the learned Sessions Judge, Ramanathapuram at Madurai in Cri. R. C. 1 of 1988 dated 11-9 1989 whereby modifying the order of maintenance passed by the trial Court by reducing the quantum of maintenance payable to the first petitioner to the extent of Rs. 150 / - and at Rs. 50 / - each to the revision petitioners 2 to 8 by setting aside the order of maintenance passed by the learned Sub-Divisional Judicial Magistrate, Ramanathapuram in M. P. No. 99 of 1986, whereby directing the respondent herein to pay a sum of Rs. 400 / - towards maintenance to the first petitioner and at Rs.150/- each to respondents 2 to 8 per month from the date of petition, viz., 11-9-1986 which come to Rs.1450/- as contemplated under Section 125(1)(a) and (b) of the Criminal Procedure Code.

(2.) The brief facts of the case are as follows:- Ten years prior to the filing of the maintenance case before the trial Court, the first revision petitioner married the respondent herein in accordance with the caste customs and mohammedan religion and since then onwards both were living as husband and wife and that out of their wedlock petitioners 2 to 8 were born and they were under their care and custody. While that being so, about 3 months prior to 15/02/1986, the first petitioner came to know that her husband the respondent herein contracted a second marriage with a lady belongs to Velipattanam by means of a registered marriage, that subsequently he had set his family at Pamban, and in view of the same, the respondent had neglected the petitioners in spite of the advise by the Jamath people and the elders of the locality and that with regard to their daily maintenance, the respondent herein has totally neglected them in toto. Since the first petitioner wife and petitioners 2 to 8 children have no means to maintain themselves and also due to the illtreatment and cruelty meted out by the first petitioner, the first petitioner filed M. P. 99 of 1985 on behalf of herself and her minor children petitioners 2 to 8, before the Sub-Divisional Judicial Magistrate, Ramanathapuram. According the petitioners, the respondent herein is doing business in fish and has properties worth Rs. 7,50,000 / - and also receiving a rental income of Rs. 3,750/- and Rs. 6,000/- per month from the business in fish. Therefore, petitioners 1 to 8 sought each Rs. 500/ - as monthly maintenance.

(3.) The respondent herein contended inter alia, that while admitting the marriage with the first petitioner, in accordance with the caste customs and religion, the long cohabitation as husband and wife and that petitioners 2 to 8 are their children, denied the other contentions, viz. that he has illtreated the first petitioner and neglected to maintain the petitioners. As regards to the means of the respopdent is concerned, the respondent has not denied it nor his claim is one a lesser such as a different one.